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Wills and Probate



Brian Morton & Co. Solicitors will help you to prepare your Will in a thoughtful and experienced manner. To ensure your wishes will be carried out your Will will be completed having due regard to Tax and Family Law matters. We offer home visits as required.

We also have a comprehensive probate and administration service. Your consultation will provide you with a full understanding of all procedures.

If you have any queries please do not hesitate to Contact Us using our online Enquiry Form or by calling (01) 4934432 / 4941242

Wills and Probate:

  • A will is a very simple document which sets out your instructions on how you want your assets distributed when you die.
  • You can take into account special bequests to friends, relatives, charities etc…..
  • It also reduces the likelihood of family disagreements or unnecessary expenditure on litigation.
  • A vital aspect of any will is the appointment of one Executor, however it is advisable to appoint two. 
  • An Executor can be a beneficiary.
  • The Executor carries out the wishes of the deceased in the will and distributes both the assets and property according to the terms of the will.
  • Brian Morton & Company will prepare your will for a modest fee. We will advise you regarding any family obligations arising from the Succession Act and the taxation implications of legacies and bequests.
  • We will be more than happy to advise and assist you with your duties and functions should someone appoint you to be their Executor.
  • Where there is no will the spouse inherits two thirds (2/3) of the Estate with one third (1/3) to the children. Where there are no children all is inherited by the spouse.
  • Where there is a will a spouse has an entitlement to a legal right of one third (1/3) of the
    Estate where there are children and one half (1/2) of the Estate where there are no children.
Inheritance Tax
  • If you receive an inheritance following a death, it may be liable to Inheritance Tax.
  • Inheritances can be received tax-free up to a certain threshold depending on your relationship with the deaceased person giving the benefit.
  • The following threshold amounts currently apply;
 2010 (up to 7th December 2010)
 2010 (on or after 8th December 2010) and 2011

Group A Beneficiary
Child (including adopted child and step child)
Parent of a deceased child who takes full and complete ownership of inheritance

 

€414,799

 

€332,084

Group B Beneficiary
Parent if Group A criteria not met
Grandparent
Grandchild or great-grandchild
Brother or sister
Nephew or niece of the giver
 €41,481 €33,208
 
Group C Beneficiary
Any relationship that does not fall into Group B or Group A above

 €20,740

 €16,604

 
  • Inheritance Tax is charged at 25% in respect of inheritances made from midnight on 7 April 2009.
  • Example Scenario; If you receive an inheritance from your father with a taxable value of €500,000 in January 2011, you will only pay tax on the amount over the relevant threshold ( Group A - €332,084). Therefore €167,916 of the inheritance will be taxed at 25%.
    
         
 
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