Category: Wills and Probate

  • Why a €2M Will Was Declared Void and Estate Fell Into Intestacy

    The late poet and author, Dr. John O’Donohue, made his own will without the benefit of legal advice. In December, 2011 Justice Gilligan in the High Court declared the will void for uncertainty and the entire estate passed to the testator’s mother. Justice Gilligan, in his judgment, stated that The Testator has unfortunately provided an…

  • The Creation of Trusts in Wills-The Essentials

    Are you looking to make provision for a child in a tax efficient way?  A bare trust is one way to do this. Trusts have also been subject to close scrutiny by those looking to put assets beyond the reach of creditors in the last few years in Ireland. If you have significant debt problems…

  • Setting Up a Will Trust in Ireland-The Facts You Should Know

    Trusts are incredibly useful legal devices which are typically used to Ensure property is enjoyed by individuals in succession Provide for beneficiaries whose identity may not yet be known. Trusts can be broadly categorised into Inter vivos (during the lifetime) trusts and Will trusts. Will Trusts The focus of this piece will be on will…

  • Capital Acquisitions Tax in Ireland-The Essentials

    Capital Acquisitions Tax (CAT) is a tax on gifts and inheritances and comprises two taxes: gift tax and inheritance tax. The calculation of the tax payable is based on The relevant legislation is the Capital Acquisitions Tax Consolidation Act, 2003. Here’s an example: Say you receive a benefit worth €50,000, and you have received no…

  • Intestacy in Ireland-Extracting a Grant of Administration Intestate

    When a person dies having failed to make a will, he/she is said to have died intestate. This means that his estate will be distributed in accordance with the Succession Act, 1965, part VI. This sets out the rules for distribution on intestacy, the shares of surviving spouses and issue, the shares of parents, brothers,…