SERVICES / Probate & Succession
Our expert solicitors can advise you on all aspects of Wills and Estate Planning in order to make the most tax efficient plan for distribution of your assets and provision for your family. We can also advise on the steps to be taken following the death of a loved one.
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SERVICES / CORPORATE
The Corporate Law team is led by Managing Partner Hugh J. Millar and Bryan Sweeney.
For further information, please contact Bryan Sweeney at bsweeney@crowleymillar.com
CORPORATE LAW TEAM
Servicing the full range of
corporate transactions.
If your parent, relative or friend is mentally incapacitated due to age, an accident or a progressive illness and if he/she has not previously signed an Enduring Power of Attorney then it is not legally possible for him/her to enter into any legal or contractual arrangements including long term care arrangements. In such circumstances it may be necessary to consider making an application to have him/her made a Ward of Court so that the welfare and assets of the parent, relative or friend may be protected and taken care of at this difficult time.
Having a person made a Ward of Court is a legal procedure whereby an application is made to the High Court to have a third party appointed to look after the financial assets and personal care issues (for example nursing home care or other care arrangements ) relating to that person. The decision to have a parent /relative/friend made a Ward of Court can be a difficult and emotional time for family.
We can assist you and guide you as to the steps involved in the process of Wardship. We will meet with you and your family to discuss and explain what steps need to be taken and we will help you in identifying who is best suited to take on the responsibility of looking after the affairs of the vulnerable party. The person taking on such responsibility is generally referred to as the Committee.
We will provide you with a detailed step by step guide to the procedures in having someone made a Ward of Court. These steps and procedures are overseen by a branch of the High Court, the Office of Wards of Court.
We will liaise with the medical advisers and the Office of Wards of Court and we will advise and guide you through the process of looking after the financial issues, including sale of property (if necessary) and other assets and care issues including applications under the Nursing Home Support (Fair Deal) Scheme.
For further information and advice in this area, please contact Samantha Holton: at samantha@crowleymillar.com
The Nursing Homes Support Scheme, often referred to as the “Fair Deal”, is a scheme of financial support for people who require long-term nursing home care which was introduced in 2009. The scheme is operated by the HSE and covers long term nursing home care in public, voluntary or private nursing homes in the State.
If you or your elderly relative, parent or friend has been advised that long term nursing home care is required, then we can assist you with the application process.
The application process contains three steps;
Step 1 is an application for a Care Needs Assessment.
Step 2 is an application for State Support.
Step 3 is an optional application for the Nursing Home Loan (“Ancillary State Support”) which defers payment of portion of the care costs until the person needing care has passed away by placing a charge over their property.
If the person who needs nursing home care is unable to make the application on his/her own behalf, then his/her next of kin (e.g. spouse, child or other relative), his/her Committee (if they are a Ward of Court) or his/her Attorney (if an Enduring Power of Attorney has been previously entered into and enrolled due to incapacity) may make the application on his/her behalf.
If a Nursing Home Loan is sought as part of the application then, if the person needing care has neither a Committee nor an Attorney, it may be appropriate to make an application to the Circuit Court for the appointment of a Care Representative who can consent to the putting in place of the Nursing Home Loan.
For further information and advice in this area, please contact Samantha Holton: at samantha@crowleymillar.com
As a highly experienced and skilful team advising in matters relating to Probate and the Administration of Estates, we recognise that careful planning is required to minimize potential taxation liability. We further understand that the plans that have been created must be implemented to ensure that the maximum benefit passes to the next of kin.
We have a range of experience in probate and the administration of estates to include;
- Tax Efficient Transfer of Assets and Family Businesses
- Appointment of professional team for highly complex matters
- Re-structuring of business and/or family affairs
- Disputes arising from probate or Trusts
For further information and advice in this area, please contact Samantha Holton: at samantha@crowleymillar.com
The importance of ensuring that your affairs are in order and planning for the distribution of your assets cannot be understated. Our team have years of advising individuals on their preferred method of distribution of their assets upon death.
While it may not be pleasant to consider the distribution of one’s assets, with the knowledge and understanding of our expert solicitors, our clients ensure that their estate will be distributed in a cost-effective manner to their wishes and that their loved ones will be provided for into the future, without the additional burden of the application of unnecessary succession legislation.
Our team has extensive experience in providing advice on matters such as;
- Tax planning
- Creating of Trusts
- Drafting and Execution of Wills
- Succession Acts
- Creation and administration of Charities and not-for-profit organisations
For further information and advice in this area, please contact Samantha Holton: at samantha@crowleymillar.com
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if you wish to know more, or if you have any questions, please feel free to contact us
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