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Estate Planning & Probate | Elizabeth McGuinness & Co Solicitors


We can assist you in all aspects of Wills and Estate Planning and can advise on the most tax-efficient ways to draft your Will and distribute your assets. We can arrange for Guardians to be appointed in the Will to take over your role as parent in looking after your children under 18 years. Trustees can be appointed to manage the assets in your estate.  In addition we can also advise you on other mechanisms to protect you and your assets, such as Enduring Powers of Attorney. We can facilitate elderly and infirm clients with home visits if required.



If you die without making a Will your estate will be divided in accordance with the law of intestacy as set out in the Succession Act 1965.
If you die without making a Will your estate will be divided as follows:-

  • Married and no children – your spouse is entitled to your entire estate;
  • Married with children – your spouse is entitled to two thirds and one third goes to your children;
  • Single with children – your children are entitled to your entire estate;
  • Single with no children – your estate goes to your parents, and in the event that your parents are deceased, to your brothers and sisters in equal shares.

Administrations of Estates

We can attend to the extraction of a Grant of Probate (when there is a Will) or Letters of Administration (when there is no Will in existence) on the instruction of the Executor. We can advise the Executors of any tax reliefs that may be available to the beneficiaries. We can attend to the filing of Inheritance Tax Returns, the payment of any Capital Acquisitions Tax for the beneficiaries and the transfer or sale of assets to distribute the estate to the beneficiaries.


Tax Planning

We can provide advice on the various reliefs which are available which include the following:-

  • Business Relief
  • Agricultural Relief
  • Favourite Nephew/Niece Relief
  • Dwelling House Relief

Powers of Attorney/Enduring Powers of Attorney

There are two types of Power of Attorney allowed under Irish Law:-

  • Power of Attorney which gives either a specific or general power and ceases as soon as the Donor becomes incapacitated;
  • Enduring Power of Attorney which takes effect on the incapacity of the Donor.

An Enduring Power of Attorney allows you to provide for your future care, in the event that due to mental incapacity you become incapable of managing your own affairs. By signing an Enduring Power of Attorney it gives you the right to decide who you would like to look after you and your affairs. The attorneys are usually close family members. Because an Enduring Power of Attorney involves the transfer of considerable powers from you to another person, there are a number of legal safeguards to protect you from abuses. The procedure for executing the Enduring Power of Attorney requires the involvement of a solicitor and a doctor. The enduring power can only come into effect when certain procedures have been satisfied.


Wards of Court

We can provide advice on Wards of Court issues and applications.