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Private Client law in Ireland encompasses legal services that support individuals and families in managing personal and financial affairs. This area of law typically covers wills and succession planning, trusts, estate administration, inheritance tax advice, enduring powers of attorney, elderly client matters, and asset protection. The purpose is to help clients effectively plan for the future, safeguard assets, provide for loved ones, and ensure that their wishes are properly executed in line with Irish law.
There are several situations where seeking legal advice from a Private Client lawyer in Ireland is essential. Some of the most common include:
Private Client law in Ireland is grounded in several key pieces of legislation and legal principles. The Succession Act 1965 sets out the rules for creating valid wills, the rights of spouses and children to inherit, and procedures when someone dies intestate (without a will). The Capital Acquisitions Tax (CAT) consolidates rules about inheritance and gift taxation. Laws such as the Powers of Attorney Act 1996 govern the creation and activation of Enduring Powers of Attorney for managing personal and property affairs. Special rules exist for the distribution of estates, insolvency of estates, responsibility for debts, and the eligibility and duties of executors or administrators. Irish law also places obligations on trustees and covers situations relating to mental incapacity or vulnerable beneficiaries.
If a person dies intestate (without a will), their estate is distributed according to the rules set out in the Succession Act 1965. Spouses, children, parents, and siblings may have entitlement, depending on who survives the deceased.
While you can write your own will, using a solicitor ensures that your will is legally valid and that your wishes are clearly set out, reducing the risk of disputes or mistakes.
A spouse has a legal right to a share of the estate, known as the "legal right share". Children are entitled to claim only if they can show they were not adequately provided for, which is typically decided by a court.
Inheritance tax, known as Capital Acquisitions Tax (CAT), applies to beneficiaries receiving gifts or inheritances. Tax rates and thresholds depend on the relationship to the deceased and the value of the assets.
An EPA lets you appoint someone to manage your financial and personal affairs if you lose mental capacity in the future. It must be created while you are mentally capable, following strict legal procedures.
Yes, trusts can be set up during your lifetime or in your will to manage assets for children, vulnerable people, or tax planning purposes. There are several types of trusts under Irish law, each with specific requirements.
Disputes may arise over the validity of a will or the distribution of assets. These can sometimes be resolved through negotiation or mediation, but may require court proceedings if not.
Yes, if the deceased owned property abroad or lived outside Ireland, additional legal complexities arise. Irish and international estate laws, as well as tax regulations, may need to be considered.
The executor is named in the will to carry out the deceased's wishes, pay debts, collect assets, and distribute the estate. Executors have legal duties and can be held liable for mistakes.
Solicitors can help with setting up trusts, Enduring Powers of Attorney, and other arrangements to safeguard assets and make provisions for ongoing care or support of elderly or vulnerable loved ones.
Several resources offer further support and guidance for Private Client matters in Ireland:
If you need legal assistance with a Private Client matter in Ireland, consider the following steps:
Taking these steps can help protect your interests, avoid costly errors, and ensure peace of mind for you and your loved ones.
