Wills, Probate and Trusts

Why Estate Planning Matters + Lessons from a High Court Case

Why Estate Planning Matters: Lessons from the High Court Case of John Donnelly

Estate planning is essential to ensure that your assets are distributed as you intend after your passing. A recent High Court case in Ireland brought this significance sharply into focus. John Donnelly, a 54-year-old bachelor from Newbridge, Co Kildare, died unexpectedly during the Covid-19 pandemic in 2021. With no will in place, his €937,000 estate

Why Estate Planning Matters: Lessons from the High Court Case of John Donnelly Read More »

Eccentricity Isn’t Incapacity in Wills – Lessons from Probate Rulings

Eccentricity or Incapacity? Understanding Testamentary Capacity in Estate Planning

When someone makes their will, legal questions surrounding their mental capacity can arise, particularly if their behaviour seems “unusual,” or if there are disputes among beneficiaries. One pivotal High Court ruling, which upheld a will despite the deceased’s eccentricities, sheds light on this critical aspect of estate planning. This article explores what testamentary capacity means,

Eccentricity or Incapacity? Understanding Testamentary Capacity in Estate Planning Read More »

Examining Key Case under the Assisted Decision-Making Act

Landmark Case Highlights Key Provisions of the Assisted Decision-Making (Capacity) Act

Navigating the legal complexities of inheritance, mental capacity, and decision-making can be a challenging process. This is particularly true in cases where mental illness or diminished capacity comes into play. A recent case in Ireland has brought to light the critical role of the Assisted Decision-Making (Capacity) Act 2015 (ADMCA) in providing a framework for

Landmark Case Highlights Key Provisions of the Assisted Decision-Making (Capacity) Act Read More »

Pragmatic Legal Advice in Probate Disputes | Insights from Gilvarry v Naylor

The Importance of Pragmatic Legal Advice in Probate Disputes – Lessons from Myles Gilvarry v William Naylor

Probate disputes are among the most complex and emotionally charged legal challenges families face, often resulting in lengthy court cases if not managed prudently. The Irish High Court case Myles Gilvarry v William Naylor ([2024] IEHC 668) serves as a poignant reminder of why pragmatic legal advice is crucial in resolving these disputes efficiently and

The Importance of Pragmatic Legal Advice in Probate Disputes – Lessons from Myles Gilvarry v William Naylor Read More »

Comparing Ireland’s Assisted Decision-Making Act & UK’s MCA

Comparing Ireland’s Assisted Decision-Making Act and the UK’s Mental Capacity Act for Caregivers

Caring for vulnerable individuals often involves navigating complex legal frameworks. For caregivers in Ireland and the UK, understanding the laws surrounding decision-making capacity is crucial to ensuring that those in their care are supported respectfully and legally. Ireland’s Assisted Decision-Making (Capacity) Act 2015 (ADMCA) and the UK’s Mental Capacity Act 2005 (MCA) are two legislative

Comparing Ireland’s Assisted Decision-Making Act and the UK’s Mental Capacity Act for Caregivers Read More »

Understanding Ireland's Assisted Decision-Making Act for Caregivers

Empowering Caregivers: Understanding Ireland’s Assisted Decision-Making (Capacity) Act 2015

Introduction Navigating decision-making for those who may struggle with capacity has historically been challenging and often fraught with legal complexities. Ireland’s Assisted Decision-Making (Capacity) Act 2015 (ADMCA), as amended in 2022, introduces a revolutionary framework that prioritises individual autonomy and supports decision-making for those who may lack capacity. For caregivers and advocacy groups, understanding this

Empowering Caregivers: Understanding Ireland’s Assisted Decision-Making (Capacity) Act 2015 Read More »

Scroll to Top