Probate and Wills Frequently Asked Questions
What we’re asked the most.
Griffin Solicitor’s experienced and professional Probate team will advise clients in a confidential and sensitive manner on any area of probate law. If you ave any queries please browse our F.A.Q section below or contact our office directly and we will be to advise you in whatever way we can.
EPA
Why make an Enduring Power of Attorney (EPA)?
A will covers what happens to your money and property when you die. An EPA deals with the situation where you are alive but permanently mentally incapable. It is sometimes called a ‘living will’. It allows you to appoint a person whom you trust (an Attorney) to look after your affairs.
What is involved in making an EPA?
The person making the EPA (the Donor) appoints one or more to act on his or her behalf if they become permanently mentally incapable. The Donor picks out two blood relatives to place on notice of the creation of the EPA and most importantly obtains a medical certificate to confirm that he or she is of sound mind.
When does the EPA come into force?
The EPA does not come into force until registered with the High Court. A certificate from a doctor is needed to confirm that you the Donor are becoming or are already permanently mentally incapable. The Donor and the two notice parties are placed on notice of the registration to allow time to object. A very detailed sworn statement (affidavit) is prepared and lodged with the Wards of Court office in the High Court. They issue a certificate of registration confirming that the EPA is now in force.
How long does it take to register an EPA?
The person who made the EPA (the Donor) must be given by law 5 weeks notice before the paperwork can be lodged in the Wards of Court Office. The registration process takes at least 3 months to complete.
When should the attorney apply to register the EPA?
The Attorney is required, if he or she has reason to believe that the Donor is or is becoming mentally incapable, to apply as soon as practicable, to the court for registration of the instrument creating the power.
How much does it cost to register an EPA?
Griffin Solicitors charge €1,500 and VAT to register an EPA. The Doctor will charge separately for a medical report confirming that the donor is incapable or becoming incapable of managing his affairs.
Wards of Court
What is a Ward of Court?
A Ward of Court is a person who is mentally incapable of looking after their affairs or is under the age of 18 years (a minor).
How does a person become a Ward of Court?
Application is made to the Wards of Court office by Petition setting out the circumstances why the person should be made a Ward of Court. Normally this is because the person is unable to handle their own financial affairs by reason of mental incapacity.
Still can’t find your answer?
If you have some unanswered questions please feel free to contact us and we will be happy to help you with your query.
