Wills & Estate Planning

At Sweeney McGann LLP we are your trusted partners for preparing for the future. With decades of experience managing Wills and Probates and Administration of Estates in Limerick and Munster, we have established ourselves firmly as the Local Estate Planning Experts that can be relied on.

Whether you are creating a Will to outline your asset distribution or attempting to navigate the process after a loved one’s passing or seeking guidance on asset distribution, our experts are here for you.

What is a Will?

 A Will is a legal statement of your intention/wishes for your property and possessions after your death.

A Will is very personal.  It is a statement of the wishes as to how one’s property will be divided post-death.  There is no obligation to inform anyone that a Will has been made although it is advisable to let your Executor know that a Will has been made and the whereabouts of your Will.

Why should I make a Will?

By making a Will you get to decide what happens to your property after your death.  If one does not make a Will, one is deemed to have died intestate and the Law (the Succession Acts) dictates what happens to one’s property.  It is distributed in accordance with the rules of intestacy amongst your closest relatives.  There is a common misconception that if an individual does not have a Will one’s assets go to the State.  This is untrue though the State is the ultimate successor.

Minor children (children under 18 years of age) whose parents have neglected to make a Will are the most vulnerable.  In these circumstances an application to the Court may be necessary to have Trustees appointed to deal with the Estate.

A Will is not just for those with significant assets.  A Will is very important for individuals with minor children or with children with additional needs.

A Will also appoints an Executor who is the person that you trust to look after your affairs post-death.  An Executor is normally a family member who is most acquainted with your affairs.

A Will can be a vitally important document for tax planning to ensure that your Estate is distributed amongst your family in the most tax efficient manner possible.

A Will speaks only from death.  It leaves the individual entirely free to sell or dispose of the property during the individual’s lifetime.

A Will can be changed, altered or revoked at any time.  You can update your Will as often as you wish and as your circumstances change.  A Will cannot be altered if you lose testamentary capacity i.e. a Will, in order to be valid, shall be made by a person who is of sound disposing mind.

Our Team at Sweeney McGann LLP will assist you in preparing your Will. We will work with your instructions and discuss your wishes and intentions. We offer expert guidance and practical advice to draft your Will in the most tax efficient manner. Our advice is also tailored to guard against any future challenges to your Will.

What happens if I do not make a Will?

If someone dies without a Will they are deemed to have died intestate.  It means the person’s Estate or everything they own is distributed in accordance with law.

Instead of an Executor one or more of your relatives will become an administrator of your Estate.

What to do when someone dies

The passing of a loved one can be an upsetting and distressing time. Our Solicitors are hereby to help, assist and guide you through the process of obtaining a Grant of Probate (where someone dies with a Will) or Administration (where someone dies without a Will).  If you are unsure as to whether or not your loved one has made a Will, here at Sweeney McGann LLP, our Solicitors will conduct searches to ascertain whether or not a Will has been made.  We assist you in making important decisions regarding the deceased’s property and financial affairs.  We offer thorough and practical advice to Executors and Administrators dealing with the Estate of a deceased loved one.

It is important to register the death as without the Death Certificate, the Executor/Administrator will not be in a position to deal with the deceased’s persons affairs.

In the current climate it is often difficult to deal with service providers due to the fact that these cannot speak to anyone except the account holder under the Data Protection Acts.  This can be distressing for individuals who are already grieving.  This issue can often be alleviated by the solicitor notifying the utility company formally of the death of the account holder.

Paying funeral expenses is often a worry of Executors and families.  These expenses can be discharged before a Grant of Probate/Grant of Administration issues providing there are sufficient funds as held by the deceased to discharge the funeral expenses.

It is vitally important that the Executor/Administrator secures any assets as held by the deceased.  It is also important that any property held by the deceased is insured as it is the main obligation of the Executor/Administrator to preserve the assets of the Estate.

Our expert Probate Solicitors can ease the stress associated with administering a person’s Estate, such as dealing with Social Welfare, Fair Deal (HSE), Revenue Commissioners and relevant financial institutions.

Our expert Probate Solicitors will guide you through the complicated process of probating or administering a person’s Estate.  We work to prepare all legal papers and ultimately extract a Grant of Probate or Letters of Administration to an individual’s Estate.  Only the Grant of Probate gives the Executors legal authority to distribute the Estate in accordance with the deceased’s Last Will.

Challenging Wills/Probate Litigation

 Here, at Sweeney McGann LLP, we offer expert advice on probate litigation to include:

• Possible challenges to Wills.

Challenging a Will in Ireland is complex.  However, it is possible and in circumstances the validity of a Will can be challenged.  Broadly, these are as follows:

• Lack of capacity on behalf of the Testator.
• The Testator was unduly influenced.
• Coercion of the Testator.
• Fraud or Mistake.
• A procedural difficulty with the Will.

Other factors to be taken into account include proper provision not being made for children (a possibility of a Section 117 application), the legal right share of the spouse and the obligations for the personal representatives to the spouse.  These are particularly relevant in light of a situation where a married couple may have separated either formally or informally.