A Question of Capacity? Assisted Decision-Making

There are many important decisions to be made when planning for the future. One of those may include a situation where your health has deteriorated and you no longer have capacity to voice your preferred treatment options. WHAT IS THE ASSISTED DECISION-MAKING (CAPACITY) ACT 2015? In a sense the Assisted Decision-Making (Capacity) Act 2015 provides
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How to Choose Your Executor(s) for Your Will

Your executor carries out (or executes) the wishes set out in your will and choosing the right person or persons is an important decision. It should be somebody you trust to do this job. Ideally, it should be a job given to two people to act as co-executors. So what does an executor actually do?
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Partners and Children – Know Your Inheritance Rights

Partners and Children – Know Your Inheritance Rights Be it a father, mother, husband, wife, or partner, when a loved one passes on it is in your best interest to know your inheritance rights in advance, rather than trying to face the unknown at an emotional time in your life.  The inheritance rights of spouses,,
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Administration of your Estate – What happens when you are Gone

Administration of your Estate – what happens when you are gone? Probate is the legal term for a procedure that gives a person, chosen by you, authority to carry out your wishes as set out in your Will. When someone dies their assets are frozen; Banks will freeze monies in accounts and only unfreeze funds
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Championing Personal Dignity: The importance of the Assisted Decision Making (Capacity) Act 2015

For over 140 years the Lunacy Regulations Act provided the foundation for Ireland’s approach to issues of capacity. The Assisted Decision Making Act, which commenced this year, has thankfully replaced it. The change has rejuvenated the entire legal area. It will help people when they reach a stage in life when they are not able
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Dealing in an Estate: How to manage the estate of someone who has died

The death of a loved one is a traumatic time and having to manage the estate they left behind can be a major additional stress. Many solicitors however are well practiced at dealing with these issues and can advise about making the process as stress free  as possible. Whose responsibility is it to manage the
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Contested Wills – Why might a will be contested? Irish courts weigh in on some interesting recent cases

In a previous blog we looked at why a will is so important. Once you have decided to make a will, the next important step is to make one that is workable in its administration. A good will should make things easier for those left behind, not subject them to lengthy legal struggles. A common
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Deciding For When You No Longer Can: Creating an Enduring Power of Attorney

What is an EPA and why would I need it? If you were to become incapacitated through disability or an illness, there is a risk that your assets could be frozen because the court would question your capacity to manage them. To avoid you should, while in good health, create an Enduring Power of Attorney
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Now is Always the Time to Make a Will

Why make a will? When should I make a will is one of the most frequent questions clients ask us. Yet, it remains the one which we constantly find ourselves having to persuade people to actually do. A will is one of the most important documents you will have to make decisions on in your life.
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“To Die You Have to Prove You Were Born” – Death Certificate for ‘Unborn’ Child

An ‘unborn’ child, who died in a horrific two-car collision in Tipperary in 2012, will be issued with a death certificate, marking an apparent legal first in Ireland. Clonmel Coroner’s Court this week held the death of baby girl, Mollie, to be one of stillbirth caused by a lack of oxygen due to the injuries
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