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WILLS and TRUSTS  

wills-trusts

A will is essential if you want to ensure that your assets are divided according to your wishes.  Having a will that is up-to-date protects your family and/or business in the unfortunate event of your death.  Peter provides comprehensive legal advice on wills and all matters related to wills, trusts and associated taxation. 

Making a Will:

You can, of course, draw up your own will. But it is a difficult and complicated matter and should you choose this route, legal advice from a competent Irish wills and estates solicitor should always be sought. If a will is deemed to be invalid, the deceased may be declared to have died intestate or partially intestate which will cause difficulties for family and beneficiaries. It is important to seek legal advice when making your will rather than creating a DIY or downloaded will. With our expert estate planning experience, you can discreetly and cost effectively arrange your affairs, avoiding disputes, hardships or delays for your loved ones. We can assist in all aspects of drafting your will, considering the need for forming trusts, appointing appropriate executors and ensuring that your assets are passed on to the next generation both efficiently and effectively.

Living Wills:   

A Living Will or an Advanced Healthcare Directive, is drawn up when a person wishes to record a directive for their future medical care in the event of incapacitation or inability to make decisions for themselves.  This may include avoiding unwanted medical interventions or stipulating particular interventions.   It is important to note that there is currently no legislation governing Living Wills - the Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30th December 2015 but has not yet been commenced to bring it into effect. It is advisable to appoint a trusted individual as your agent to enforce your decision. As an experienced wills and trusts solicitor, Peter will advise you of your options and assist in the drafting of a Living Will.

Trusts: 

Trust funds are a complex area of law but at Peter Boyle solicitor’s, there is an experience in establishing the options and drafting the best possible outcome for all concerned under a range of circumstances. In his capacity as a wills, trusts and estates solicitor Peter Boyle advises on all types of succession planning, including general and discretionary trusts.  Trust formation involves transferring assets into the care of a trustee. The powers of the trustee should be clearly defined and they should always be someone you trust, preferably with fiduciary experience.   Within the trust fund, the assets can continue to be managed and protected by your trustee until the trigger event occurs, succession planning investment or coming of age. There are many situations where a trust is the most appropriate action to protect your beneficiaries. For example, in cases where children (under 18) are beneficiaries of a will. Similarly, where a child may be incapacitated you can set up a trust for their care. A trust is also useful if you want to protect your anonymity in an investment. To avail of professional advice and experience in relation to trusts and succession planning, we invite you to call and chat to Peter.

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