Wills & Probate Solicitors

The management of one’s estate and the legal distribution of assets after death are among the most critical financial and personal responsibilities an individual will undertake. Wills and Probate law encompasses the legal frameworks governing the creation of testamentary documents, the administration of deceased estates, and the protection of vulnerable persons through life-planning instruments. Cullen O’Beirne provides a comprehensive suite of services designed to ensure that your final wishes are executed with precision, providing peace of mind for you and security for your loved ones.

What is Probate Law?

Probate is the legal process through which a deceased person’s assets are collected, their debts settled, and the remaining estate distributed to the rightful beneficiaries. Technically, “Probate” refers to the “Grant of Probate,” a legal document issued by the Probate Office which certifies that a Will is valid and authorizes the Executors to deal with the deceased’s assets. If there is no Will, the process is referred to as “Administration,” and the court issues “Letters of Administration” to the next of kin.

Services We Offer

Making a Will

A Will is a formal legal document that dictates how your property, money, and personal belongings should be distributed upon your death. We provide expert drafting services to ensure your Will complies with the strict requirements of the Succession Act 1965, preventing future legal challenges.

Intestacy

When a person dies without a valid Will, they are said to have died "Intestate." In these cases, the law dictates how the estate is divided among surviving relatives according to a strict hierarchy. We assist families in navigating the complex administration process required under the rules of intestacy.

Enduring Powers of Attorney (EPA)

An Enduring Power of Attorney is a document that allows you to appoint a person you trust to manage your personal care and financial affairs should you lose mental capacity in the future. This is a vital component of long-term planning, ensuring decisions are made by someone who understands your wishes.

Wards of Court Applications

If an individual becomes mentally incapacitated without having an Enduring Power of Attorney in place, it may be necessary to apply to have them made a Ward of Court. This allows the court to manage their affairs for their protection. We guide families through this sensitive and complex application process.

The Importance of Making a Will

Making a Will is the only way to ensure that your specific intentions are honored.
Without a Will, you lose control over who inherits your assets and who is appointed to manage your estate. A Will is particularly important for:

Providing for a Partner

Unmarried partners do not have automatic inheritance rights under intestacy laws.

Appointing Guardians

You can specify who should care for your minor children.

Protecting Vulnerable Beneficiaries

You can establish structures to care for family members with special needs.

Minimizing Conflict

Clear instructions reduce the likelihood of family disputes after your passing.

What Happens Without a Will?

If you die intestate, your estate is distributed according to the Succession Act 1965.

For example:

If you have a spouse but no children, the spouse gets the entire estate.
If you have a spouse and children, the spouse receives two-thirds and the children share one-third.
If you have no spouse or children, the estate goes to your parents, or if they are deceased, your siblings. This rigid formula often fails to account for modern family dynamics or the specific needs of individual relatives.

How to Make a Will

The process of creating a Will with Cullen O’Beirne is straightforward and professional:

List all your assets (property, bank accounts, shares) and liabilities.

Choose at least two trustworthy people to carry out the terms of your Will.

Decide who will receive specific items (legacies) and who will receive the remainder of the estate (residue).

We draft the document to ensure it meets all legal formalities, including proper witnessing.

We recommend reviewing your Will every few years or after major life events like marriage, divorce, or the birth of a child.

The Benefits of Trusts

Trusts are powerful legal tools that allow you to set aside assets for the benefit of others while placing conditions on how that wealth is used.
Benefits include:

Safeguarding inheritance for young children until they reach a certain age.

Certain trusts can help manage and defer tax liabilities.

Ensuring that assets stay within the family or are used for specific purposes like education.

How Cullen O'Beirne Can Help

With nearly 40 years of experience, Cullen O’Beirne provides a steady hand in matters of estate planning and probate. We pride ourselves on offering:

Tailored Advice

No two estates are the same; we provide bespoke solutions for your unique circumstances.

Sensitivity

We understand that probate often follows a period of grief, and we handle every case with the utmost compassion.

Clarity

We strip away the legal jargon to ensure you fully understand your rights and obligations.

Efficiency

We work diligently to ensure the Grant of Probate is extracted as quickly as possible, avoiding unnecessary delays for beneficiaries

When seeking a trusted legal partner to navigate the complexities of Wills and Probate Law, Cullen O’Beirne provides the expert advocacy and compassionate support you deserve.

We offer legal excellence and guidance on Probate Law to all of Wexford, Carlow, Wicklow and beyond including;

Greystones, Delgany, Bray, Enniskerry, Kilcoole, Newcastle, Newtownmountkennedy, Roundwood, Aughrim, Avoca, Arklow, Wicklow Town, Redcross, Tinahely, Ashford, Kilmacanogue, Ballinaclash, Carnew, Donard, Laragh, Glendalough, Blessington, Hollywood, Barndarrig, Ballinacor, Carlow.

For a Wills and Probate Law Solicitors near you, contact your local solicitor Cullen O’Beirne today.

Ph: 01 888 0855

Cullen O’Beirne is a branch of Sherwin O’Riordan LLP

Wills and Probate