Wills
and Probate
We advise on
Wills and Probate
It’s extremely important that you make a Will and keep it up to date. Your Will is as important as a title document to your property or indeed the keys to the property itself. Making a Will gives you control over what happens to your assets and your estate after your death. It allows you to appoint guardians for young children, leave gifts to charities and to other family members or friends who may not be automatically entitled to share in your estate.
We can also advise and help make your Will tax efficient, keeping inheritance taxes as low as possible or potentially none at all.
If you do not have a Will, your estate will be divided according to set regulations which may go against your wishes.
At Tynan & O’Donovan Solicitors, we realise that making a will can be a difficult and sensitive task. We take great care to ensure that your requirements are met exactly as you wish.
Following the loss of a loved one, Martin Tynan O’Donovan Solicitors can deal with the Probate administration and guide you through the process.
Get in touch with us today to see how we can help you.
Tell us about your case
Our Will and Probate services include
- Making a Will
- Contesting a Will
- Lasting Power of Attorney
- Inheritance Tax
- Estate Planning and Tax Advice
- Grant of Probate
- Trusts
- Asset Protection
- Intestacy and Letters of Administration
A Will speaks from Death
A fundamental principle of Probate law is that a Will speaks from the death of the Testator. Any reference in a Will to any property owned by the deceased person refers to the property as at the moment of their death.
This can sometimes produce extraordinary and perhaps unintended results. If, for instance, a person has a small, old inexpensive car and they make a Will and in the Will they say:
“I leave my car to my brother Tom”
Many years later the person experiences an upturn in their fortunes and they buy an expensive new Ferrari. They die shortly afterwards. What does Tom get? He gets the Ferrari - remember a will speaks from Death.
If, however, the person had said in their Will:
“I leave my Toyota motor car to my brother Tom”
By the time the person dies years later the old Toyota is long gone and they have the new Ferrari. What does Tom get? He gets nothing. The Ferrari goes to the residuary beneficiary, i.e. the person who takes the rest, residue and remainder of the estate.
Wills and probate can sometimes produce very strange results, particularly wills drawn up without professional legal advice. It is important that a will be correctly drawn up to accurately reflect the testator’s wishes and avoid unintended results. It is also important to have a will reviewed periodically to take account of changing circumstances. It is also absolutely vital that a will be correctly executed and properly witnessed. We in Martin Tynan O'Donovan have extensive experience of making Wills and administering estates and if you would like to come in and discuss any matter concerning probate law our solicitors will be happy to meet you and advise you appropriately.
