Make a Will – Children Under 18

Madden Law – The legal experts in preparing Wills

Why choose Madden Law when making your Will?

We have over ten years experience in drafting both simple and complex Wills. We provide transparent costs. We  give straight forwards forms, to ensure  that the process is as stress free and  straight forward as possible.  We take care of the witnessing and storage of the Will. We offer a range of flexible appointment options. We offer video consultations to discuss your Will. These can be booked online at a time that suits you.  There is ample free parking outside our office. Our office at the Bryanstown Centre, Drogheda is fully wheelchair accessible. 

What happens to your old Will when you make a new Will?

When a new valid Will is signed, it revokes the older Will. Usually, the older will  is not destroyed. It is simply kept with the new Will. There is no requirement to bring an old Will in when making  a new Will. Often it will be helpful to discuss why a new Will is being made and therefore the contents of the old Will should be reviewed and discussed. 

Making your Will with Madden Law

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Form

Submit your details in the form below.  Please contact us to post the form to you if you wish.

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Form

Fill out the form , as best you can.  It will be reviewed in full with you at your consultation.

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Cost

A standard fee of €200 will apply for a standard Will. Each person makes a Will each. 

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Appointment

Book an appointment online for a convenient time to come in to review and sign the Will with Shona. Home and hospital appointments can be requested here.

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Signing the Will

You can come on your own. The Executors do not need to come in. Our office will store the original Will and give you a copy.

Examples of different scenarios for this will:

It is advisable to for the mother to appoint the father as the guardian of the children in the event the the mother predeceases the father. The father may qualify as being the guardian but it is advisable to formally appoint him as guardian in the Will. 

It will be important to consider the tax consequences as inheritances between cohabitants have a tax free threshold of €16,250.

 

If you wish to make this kind of will please download this form . Each person makes a separate Will . The cost of each standard Will starts from €200.

When making a Will,  many clients who have a child with a physical or mental disability are concerned with putting the right structure in place. This usually involves setting up a Discretionary Trust.  A Discretionary Trust gives Trustees absolute discretion about when, how, and to which children of the Trust they may appoint capital or income of the Trust. The Discretionary Trust does not tie the hands of the Trustees and gives them the power to make decisions as they deem appropriate about when and how much money is appointed out of the Trust.

This is important because many of the supports and allowances available are means-tested e.g. disability allowance and medical card. Therefore the Trustee can ensure that the thresholds for qualifying for these resources are not breached. A charity which supports the child may also be named as beneficiary of the Trust. This allows payments to be made from the Trust to the charity, which may help reduce a possible Capital Acquisition Tax liability of the child.

Many people shy away from using Discretionary Trusts because of the potential liability to Discretionary Trust Tax. Currently, there is an initial 6% charge and an annual 1% levy thereafter. A rebate of 50% of the initial 6% levy is available if all the trust funds are distributed within five years of the applicable valuation date. However, there is a full exemption available for Trusts set up in these circumstances under S 17 of the CATCA 2003, when certain conditions are fulfilled. 

Information about Trust Wills:

There are no requirements, generally, about the number of trustees that have be appointed in a trust document. The exception is when there is property in the trust, then two trustees must be appointed. 

The general rule is that a trustee  is only entitled to expenses. However, a will can make specific provisions for making payment to a trustee. 

Once a trustee has accepted the office, he cannot disclaim, only retire. The trustee can retire according to the terms of trust, if there are remaining trustees, or a new trustees are substituted or if the beneficiaries consent. (all being over 18 of sound mind and absolutely entitled)

The following documents are reviewed and discussed with the purchaser: Contract, map, Folio, Planning documents for the original construction and any extension, Local Property tax history of the property, BER certificate and advisory report, management company documents. 

The balance of the 10% deposit is given to the buyer’s solicitor. It will be transferred to the seller’s solicitor and two signed Contracts will be posted also. The seller will sign both Contracts, keep one and return one signed Contract to the buyer’s solicitor. At this point there is a binding Contract in place. 

Generally  when a  trustee takes some action in relation to the trust, his acceptance of the position is presumed. The trustee does not have to  give written acceptance of his position

In a will trust, when the same  person is appointed executor and trustee and who accepts the executorship will automatically be presumed to have accepted the trusteeship. He cannot accept one and then disclaim the other.

Trustees can be removed from office by the courts or if all beneficiaries consent. . The first place to check is the actual trust instrument to see what it has provided for. The courts can also replace a trustee is he is proved incompetent and/or dishonest, or is unfit or incapable of acting of if he is convicted of an offence or made bankrupt. The overriding concern is the welfare of the beneficiaries.

Do you have a question related to Making a Will? Send us a message

"I provide clear information and time frames at the start of the matter and regular updates throughout, so clients are always fully informed."
Shona Madden - Practicing Solicitor
Shona Madden
Madden Law

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  •  Trustees
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