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We Specialise in Personal Estate & Tax Planning

Estate planning in general focuses on passing wealth onto the next generation effectively. It is the creation of a definitive plan for managing your wealth and assets, decided by you during your lifetime and distributing it after your death. Estate planning allows you to decide how assets will be distributed in the future.

These assets may be owned by you separately or jointly with others. An estate consists of any asset of any value that you own, including real property, business interests or assets, investments, insurance proceeds, personal property including personal effects. An ‘estate plan’ generally refers to the means by which your estate and assets are passed on to your loved ones after your death. If no plan is put in place, the courts may have to decide, which can take years to resolve enduring costly legal fees. It can also lead to family disputes causing emotional damage where no clear estate plan or structure has been put in place.

If you have a well-drafted estate plan, you will ensure that your estate passes to who you want, when you want, and is carried out in the manner that you have chosen and decided, thereby allaying costly court actions, legal fees, family disputes, and potentially hefty taxes. Effective estate planning requires a detailed and personal understanding of the client’s family structure and assets.

Estate planning can be accomplished through a variety of methods including;

  • Last Will and Testament
  • Special Needs Planning
  • Incapacity Planning
  • Family-Owned Businesses and Farms
  • Estate and Gift Tax Figures
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Making a Will
Making a Will

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What Is A Last Will And Testament?

Your last will and testament is a legal document which sets out your wishes regarding your assets and dependents.

Completing this document correctly is probably the most important thing you will ever do for your loved ones as it clearly and legally states who will take control of your possessions and who will care for your children, pets or other dependents when you pass away.

Wills do not only apply to people who have significant assets and wealth, they are equally important to all people who have responsibilities as well as assets. In particular, if you are the parents of young children, your Will can set out the legal arrangements for the appointments of guardians and trustees in the event that both parents should pass away.

Estate Planning

Wills

Estate And Gift Tax Planning

Incapacity Planning

Special Needs Planning

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    Your Questions On Making A Will Answered

    Do I need a Will?

    Yes. Everyone should make a Will to legally enshrine your wishes on who gets your assets and who cares for your dependents.

    If you die without making a Will, you are said to die intestate. In those circumstances, your estate (money, assets and property) is distributed in accordance with the rules set out under the Succession Act 1965. The rules of intestacy are strictly applied and therefore, are  not flexible and do not take account of what your wishes would have been.

    After payment of your funeral and testamentary expenses, the rules of intestacy set out that your estate is distributed as follows:

    If you die leaving a spouse/civil partner but no children then your spouse/civil partner will take your entire estate.

    If you die leaving a spouse/civil partner AND children, then your spouse/civil partner will inherit 2/3 of your estate and the remaining 1/3 is divided equally among your children. If you have a predeceased child, then that share goes to his/her children.

    If you die leaving children but no spouse/civil partner, then your estate is divided equally among your children. If any of your children have predeceased you then their children will take their parents share.

    If you die leaving parents but no spouse/civil partner or children, then your estate is divided equally between your parents or if only one parent survives then your entire estate is given to one parent.

    If you die leaving brothers and sisters only , then your estate is shared equally among them. If you have a predeceased sibling then the child or children of that sibling will take their parents share.

    If you die leaving nieces and nephews only, then your estate is divided equally among those surviving, nieces and nephews

    If you die leaving other relatives only then your estate is divided equally between the nearest equal relationship.

    In the event that you die leaving no relatives whatsoever, then your estate in those circumstances, go to the state.

    The rules of intestacy under the Succession Act dictate that the persons entitled to take share in the estate of the deceased at the date of death are the persons entitled to extract the Grant of Administration Intestate in that estate.

    If you are the next of kin of someone who dies intestate and require further advice on the process involved in administering the estate, then please do not hesitate the office where one of our experienced solicitors will provide you with the necessary advice and assistance.

    Anyone who is over the age of 18 should consider making a Will. You can make a new will as many times as you like throughout your years. However, the only valid will is the most recent to your death. Any previous wills will have no legal standing.

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