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Estate planning in Ireland means arranging the transmission of wealth at death to ensure that one’s wishes are respected and that dependents are provided for. Probate is the legal procedure that confirms the existence of a will and allows the executor to control and disburse the estate. It is essential to point out that effective estate planning is about more than just a will; it also involves trusts, superannuation nominations, powers of attorney, and advance care directives.
Key legislation to consider
- The Succession Act 1965 is the primary legislation that regulates the preparation and validity of wills and the distribution of assets when no will exists.
- The Wills Act 1837 (as amended) are the formal guidelines for will-making according to this statute.
- The Trustee Act 1893 defines trustees' powers, responsibilities, legal consequences, and how they must handle trust assets.
- The Taxes Consolidation Act 1997 specifies Capital Acquisitions Tax requirements for beneficiaries.
Common questions about wills, trust, & probate law in Ireland
What is a will, and what is the need to create one?
A will is a written document describing how assets will be given out after the owner's death. A will provides direction for the management of your estate, which will prevent problems during administration and minimise potential family conflicts. It must be signed by two witnesses who also sign it, and comply with the Sucession Act 1965.How do I challenge a will?
A will can be challenged on three grounds: lack of testamentary capacity of the will-maker, undue influence over the will-maker and non-compliance with the formalities required for a will. Challenges usually occur in court; you should consult a legal professional immediately.What is probate, and how do I obtain it?
Probate refers to verifying a will's authenticity and appointing an executor to manage the estate. The executor obtains probate through submission of the original will along with a balance sheet and other required documents to the Probate Office or District Probate Registry.Explore more areas of law
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