Wills and Power of Attorney

Oct 26, 2020

This week our office received a call from a couple wanting to discuss making their Wills.  The couple resided in the country side and were unable to attend the office in person.  Grainne Arkins, one of our Wills and Probate solicitors visited them later in the week to discuss their concerns. 

1.   The couple had the following assets

 – A family home that was mortgage free 

 – Money in bank accounts  

2.    The couple had three grown up children.  After discussion Grainne ascertained that one of their children, a daughter was unmarried and lived with them in the house.  Another son was married with children in another county.   He was financially secure.  Their other son lived in rented accommodation nearby and worked sporadically.  

3.     After teasing through the issues in a gentle manner Grainne identified their concerns, as follows:    

–  They wanted their daughter to have the house on their passing.  She looked after them on a day to day basis and they felt this was the right thing to do.  

–  they wanted some money to go to their son that was married but they felt they had kind of looked after him already as they had contributed towards a house deposit for him already.

– They wanted their other son to be provided for but were afraid that as he had addiction issues that if he got his hands on a large sum of money that this would not be good for him.  

4.  The more the couple spoke the more Grainne felt that maybe there was something else worrying them.  Eventually the wife disclosed that she had been diagnosed with dementia.  It was in the early stages but would inevitably get worse. Normally, she was the one that would have taken care of matters like paying the bills, driving to medical appointments, organising work men etc. She felt that if the dementia got worse her husband would not be in position to deal with financial and health care matters as he was unwell himself.  She wondered how she would deal with their affairs going forward.  

After considering the matters in detail Grainne gave the following advice:

1. The couple would leave the house to their daughter on their death.

2. The couple would leave a specific amount of money to their married son and grand children.

3. A trust would be set up which would pay out an annual sum to their other son.

4. Both the husband and the wife would execute an Enduring Power of Attorney which would allow their daughter to manage their affairs should they become unable to do so.

Our Solicitors are happy to visit you in your home, nursing home or hospital should you wish to discuss putting your affairs in order. We are experienced Solicitors who bring a practical and common sense approach to situations. You can talk to us without any obligation if you have a query. Phone 061 303311.

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