Succession relates to what happens to a person’s property when they die. The rules are set out in the Succession Act 1965. The property and the things a person leaves when they die could range for example from a house to a car and is referred to as the ‘estate’ of the deceased.

Probate is the legal process which allows a person or group of people to deal with a deceased person’s estate. The authority to do so is contained in a legal document called a Grant of Representation. Those named on the grant are legally permitted to handle the deceased person’s assets i.e. everything they owned including property, money, shares, jewellery, artwork etc. Their task is to use the deceased’s assets to pay any debts and to distribute them according to a Will (if one exists) or as prescribed by law.

Probate applications are required in the vast majority of cases and they can be quite complex and time consuming. It is therefore vital that those acting in the administration of estates receive clear, expert, and timely advice. Our team of experienced probate solicitors are on hand to provide you with this advice and to provide guidance on all aspects of Probate and Administration of Estates.

At John Gaynor & Co., Solicitors LLP, we know that the death of a loved one can cause indescribable grief and pain. We also know that the last thing you want to do is deal with legal documents, bureaucracy, or disputes over the estate. That’s why we will do everything we can to make the process run as smoothly as possible. We’re here to do all the heavy lifting – giving you and your family space and time to grieve.

Whether young or old, a Will is the only way to ensure that after your death, your assets are transferred to those you love in the way that you wish.

If you would like to make a Will, call our team of expert succession law solicitors. We will create one tailored to your individual needs and store it in our fire-proof safe. Don’t worry, if things change in the future, we can facilitate any amendments you would like to make.

An Enduring Power of Attorney is a document which allows a person to make arrangements for how their affairs will be managed if they become mentally incapacitated. This legal document allows you to choose the individuals (known as Attorney(s)) to will act on your behalf if and when that time comes.

The Attorney(s) can be appointed to make financial decisions on your behalf such as the maintenance of bank accounts, selling and making investments, paying bills, and buying and selling property. You can also allow Attorney(s) to make personal decisions on your behalf, such as where you should live and with whom you should live with, whom you should see and not see, the type of training and rehabilitation you should get, your diet and the way you dress, who should be allowed to inspect your personal papers, and decisions in respect of housing, social welfare and other such benefits.

Many find that creating an Enduring Power of Attorney gives them peace of mind, knowing that their personal and financial decisions will be taken care of should they lose the capacity to do so themselves. If this is something you are considering or would like to find out more about it, it is important that you do so sooner rather than later as an Enduring Power of Attorney needs to be prepared at a time when you are of good health and of sound mind.

Although the application itself is quite complex, our team of expert Enduring Power of Attorney solicitors will guide you through this process and will explain everything to you in plain English. We will take all the necessary steps required to complete the process with you.

If a person is suffering from ill health, a mental condition or a physical disability, and does not have the capacity to consent to a Nursing Home Loan, a Care Representative will need to be appointed to act on his/her behalf.

The sole purpose and only authority a Care Representative has is to consent to a Nursing Home Loan under the Fair Deal Scheme. To become a Care Representative, an application must be made to the courts on behalf of the individual.

Whilst a solicitor is not necessarily required for such an application, the process itself is complex and does require physical attendance in court. Our team of expert succession law solicitors can guide you through this process and will explain everything to you in plain English.

What is the Fair Deal Scheme?

The Fair Deal Scheme facilitates the provision of long-term residential care through financial support. In return such care, a nursing home loan is taken out and is attached to a person’s land and property. This allows the reimbursement to be deferred until the death of the person requiring nursing home care.

A Wardship is a type of application that can be made to the High Court if a person can no longer make decisions for themselves because they have lost the ability to do so by illness or otherwise.

Any person who has lost their capacity, has no Enduring Power of Attorney in place, and has assets that require protection can be made a Ward of Court.

The end result of the Wardship process is that a ‘committee’, usually made up of family members, is appointed to deal with a person’s affairs such as their property, bank accounts, investments or other assets.

Due to the implications and gravity of making someone a Ward of Court, the process is complex, expensive, and time consuming. An Enduring Power of Attorney is a much more efficient way of achieving the same outcome – read more about taking out an Enduring Power of Attorney here.

If you require information or advice on making someone a Ward of Court, our team of expert solicitors will guide you through this process and will explain everything to you in plain English.