OFFALY SOLICITORS - WILLS, PROBATE AND ESTATE PLANNING
>>Making a Will
>>Making an Enduring Power of Attorney (EPA)
>>Contesting a Will
>>Administration of Estates
>>Capital Acquisitions Tax Thresholds
>>Passing on the Family Farm (blog)
>>Making an Enduring Power of Attorney (EPA)
>>Contesting a Will
>>Administration of Estates
>>Capital Acquisitions Tax Thresholds
>>Passing on the Family Farm (blog)
Wills and Succession Planning
A large part of the work we do relates to the provision of advice to private clients, business people and farmers in connection with lifetime and succession planning, the making of wills, the creation of will trusts and other estate planning structures.
In lifetime and succession planning matters, we advise on the taxation and legal issues which arise in the particular circumstances, and execute the work necessary to give effect to the client’s objectives in the most tax efficient manner possible. In addition to the high level advice we provide on the overall structure of the succession plan, we oversee the preparation and submission of tax returns and the drafting, execution, and registration of the various legal instruments.
We advise on a high level basis on Capital Acquisitions Tax, Capital Gains Tax and Stamp Duty. We are familiar with the various exemptions and reliefs contained in Irish capital tax legislation and are well-positioned to advise clients of the opportunities and potential pitfalls associated with different tax planning arrangements.
Most frequently, we advise farmers and the owners of small businesses of ways they might structure their affairs in order to pass their assets to the next generation, taking into account their specific circumstances, matters such as their marital situation, the imperative to protect children or vulnerable persons, the level of control they wish to retain over their business, their own future financial requirements, and so on.
To achieve ends such as these, and always in the light of taxation and legal considerations and the various restrictions on the freedom of disposition under Irish legislation, we advise clients on the lifetime transfer of assets, the setting up of limited partnerships, the establishment of trusts, the drafting of shareholders agreements, deeds of family arrangement and so on, liaising with other professionals where necessary.
In lifetime and succession planning matters, we advise on the taxation and legal issues which arise in the particular circumstances, and execute the work necessary to give effect to the client’s objectives in the most tax efficient manner possible. In addition to the high level advice we provide on the overall structure of the succession plan, we oversee the preparation and submission of tax returns and the drafting, execution, and registration of the various legal instruments.
We advise on a high level basis on Capital Acquisitions Tax, Capital Gains Tax and Stamp Duty. We are familiar with the various exemptions and reliefs contained in Irish capital tax legislation and are well-positioned to advise clients of the opportunities and potential pitfalls associated with different tax planning arrangements.
Most frequently, we advise farmers and the owners of small businesses of ways they might structure their affairs in order to pass their assets to the next generation, taking into account their specific circumstances, matters such as their marital situation, the imperative to protect children or vulnerable persons, the level of control they wish to retain over their business, their own future financial requirements, and so on.
To achieve ends such as these, and always in the light of taxation and legal considerations and the various restrictions on the freedom of disposition under Irish legislation, we advise clients on the lifetime transfer of assets, the setting up of limited partnerships, the establishment of trusts, the drafting of shareholders agreements, deeds of family arrangement and so on, liaising with other professionals where necessary.
The Administration of Estates
In post-death situations, we act as professional executors and trustees and otherwise provide advice and guidance to executors, administrators, trustees and beneficiaries on the various relevant taxes, the issues and processes associated with applying for the appropriate Grant, property and succession law complexities, matters concerning beneficiaries and beneficial entitlements, and so on.
Enduring Powers of Attorney and Wards of Court
We frequently advise on Enduring Powers of Attorney and Wards of Court applications. We are experienced in dealing with the Enduring Power of Attorney process in Ireland from the taking of initial instructions from the potential donor and the provision of preliminary advice to the donor and the nominated attorneys, through assessment of capacity, execution of the instrument, notification, and registration. We act in Wards of Court applications on behalf of vulnerable people and their families.
Cross-Border Issues
We are familiar with the handling of cross-border issues in estates, where for example, a testator resident or domiciled in Ireland or the UK holds property in the other or both jurisdictions. Ken Enright is admitted as a solicitor in England and Wales and liaises with UK-based solicitors and other professional advisors on cross-border matters where necessary, including on matters concerning UK inheritance tax (IHT), double taxation issues, residence and domicile.
Probate Litigation
A major feature of our firm is our interest and experience in probate litigation. We have acted on behalf of plaintiffs and defendants in contentious and non-contentious matters in the Circuit Court and the High Court and advise on issues including undue influence, testamentary capacity, estoppel claims and applications under Part IX of the Irish Succession Act 1965.
Qualifications, Memberships and Teaching Experience
Ken Enright holds a Diploma in Trust and Estate Planning from STEP Ireland and the Law Society of Ireland and is a member of the Society of Trust and Estate Practitioners, an international body of professionals specialising in trusts and estates, executorship, administration and related taxes.
In addition, he is a member of the Associate Faculty of the Law Society of Ireland and tutors law students on the Probate and Tax Modules and the Applied Land Law modules of the Law Society’s Professional Practice Course.
In addition, he is a member of the Associate Faculty of the Law Society of Ireland and tutors law students on the Probate and Tax Modules and the Applied Land Law modules of the Law Society’s Professional Practice Course.
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