Wills & Probate
Over 20 years experience in helping you prepare for the future
We can Help you Make a Will or Revise a Will.
We can assist you in the creation of a legally binding Will. You tell us what you want to achieve and we can reduce it to writing for you in a Will format with the relevant witness clause (attestation clause). If you want our advice and assistance to make it unequivocal and to minimise the opportunities for problems later. We can add value and render valuable assistance to you in this regard.
You may wish also to consider, letters of wishes and we will assist you there too whilst pointing the very really difference between the Will and attached letter of wishes. One is legally binding the other is not! Guess which? We will provide a FREE initial telephone conversation to establish how we can assist you. Call us on +353 56 7771977 or email tony@jacanny.com
Having a Will made is the best value for money we provide. For a simple Will we charge very competitively, starting from as little as €150 plus vat. Which we believe is small price for putting your affairs in order.
Making A Will
So as to assist you to make the whole process of creation of a Will easier and therefore less expensive for you. The attached Forms, when complete, will allow you to give us clear and complete instructions that will allow us to make a simple Will for you. Please see attached our Wills instruction sheet and ‘Wills information Booklet’ on our PDF Forms page.
There are various terms of art surrounding Willls that we will explain same to you as you require, Executors, Trustees, Guardians, Beneficiaries, Disponers, Testator, Testatrix, CAT, Section 117 entitlement and claims. We will advise and guide you on the statutory rights of rights of spouses and children as introduced in Ireland in 1965.
There are certain formalities that need to be complied with when making a valid Will. Instruct us and we will guide you through, so as to ensure compliance with the provisions of the Succession Act 1965 and the formal requirements for the correct making of a Will.
The requirements are straight-forward especially when one knows what those requirements are. The essential requirement is to have two independent witness to witness the Testators signature. The Will is of fundamental importance and while some will prefer to try make a Will at home they often fall foul of the strict statutory provisions requiring the witnesses to be independent. Please contact us and we can make the appropriate arrangements.
Where to Start?
We have designed a process for those who are computer literate and for those who are not so comfortable on the keyboard. Taking instructions has been rendered made more accurate and complete by using our template document attached ( see ‘Instructions for a Will’). By getting you to complete the template we are likely to prompt you to provide a comprehensive list of all your assets and liabilities.
Whether in Ireland or abroad, you should let us have all the details, and remember to let us know whether you hold the asset entirely yourself, or whether you hold them jointly with another, held as tenants in common or joint tenant. Have you accounts, property shares, insurance policies, credit union accounts in joint names and if so is that for convenience or for other reasons? The more complete the information you give us the better the result.
If you will provide us with values, we can provide you with tax advice as to tax issues (if any) and perhaps provide an opportunity to engage in some tax planning so as to minimise the worst effect of the current 33% capital tax rate. We need to talk about the tax free thresholds?
It is vital for resident and non-residents with assets in multiple jurisdictions to appraise the relative laws and tax environments. Those persons making Wills should understand which jurisdiction will prevail and how Wills in different jurisdictions will work.
Probate
Whether someone you know has died leaving a Will (died testate) or died without a Will (intestate) and you want assistance dealing the deceased affairs you can contact us now and we will provide a FREE initial telephone conversation to establish how we can assist you.
There are many issues to be dealt with and we will attend to the matter quickly and efficiently for you in return for a fee.
The personal representatives of the deceased whether taking up the matter on foot of a Will or on an intestacy will need to make a return of assets and liabilities to the Revenue, which document is now (since Dec 2020) known as a Statement of Affairs, by completing the SA2 form to Revenue.ie followed by an application to the Probate office.
Income tax, Capital Gains Tax and Capital Acquisitions Tax issues need to be considered.
Valuations of businesses and real estate may need to be obtained and the plans made so as to be able to pay any taxes in a timely fashion.
We can refer to the relevant allied expertise as necessary.