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What is Estate Planning
Estate planning is the process of arranging your affairs so that your assets pass to the people you choose, tax on those assets is kept as low as the law allows and someone you trust can act for you if you can no longer act for yourself. In Ireland it usually brings together three things: a valid will made under the Succession Act 1965, an enduring power of attorney under the Assisted Decision-Making (Capacity) Act 2015 and planning for Capital Acquisitions Tax. Tormeys Solicitors provides estate planning to clients in Athlone, Co. Westmeath and across the Midlands.
Why people put it off. Most people know they should make a will and never quite get to it. It can feel a bit unnecessary when you are busy working to support your family and build up your assets. Other people assume a spouse or next of kin can automatically step in if their capacity is lost for some reason, which is not the case in Irish law. A plan drawn up in good time removes that uncertainty for you, avoids a court application later and spares your family difficult decisions at the worst possible moment. That can become a huge emotional distraction.
What our estate planning service covers
Will drafting and review. We prepare a clear, valid will that sets out who inherits what, names your executors and provides for children or dependants. We also review existing wills after a marriage, separation, bereavement or property purchase. We are basically working with you to get your house in order.
Enduring power of attorney. We advise on and prepare an enduring power of attorney, so a person you trust can manage your property, finances and personal welfare if you lose capacity in the future. Big decision and a very important one for you to make. And review at any time.
Succession and inheritance-tax planning. We look at how your estate will be taxed in your beneficiaries' hands and advise on reliefs and exemptions that can reduce a Capital Acquisitions Tax bill, so more of what you built stays in the family.
Trusts and provision for dependants. Where there are young children, a family member with a disability or a blended family, we advise on trusts and structured provisions that protect vulnerable beneficiaries.
Farm and business succession. For farming families and business owners across Westmeath and Roscommon, we plan the orderly transfer of land, a farm or a company and advise on the reliefs that apply to those assets. You can google all this, but every case is different, so beware generic advice.
Probate and estate administration. When the time comes, our team guides your executors and families through the probate process and the administration of the estate. You can read more about our probate and estate administration service.
Our estate planning service is built around your own personal circumstances rather than a fixed template. We explain each document in plain English, set out the options and put a plan in place that fits your family, your assets and your wishes.
Who we help with estate planning
We help people at every stage of life to plan ahead with confidence, including:
- Parents making a first will or providing for young children
- Homeowners who want their property to pass smoothly to the next generation
- Farming families in Westmeath and the Midlands planning the succession of land
- Business owners planning the future of a company or shareholding
- Adults putting an enduring power of attorney in place while they are well enough to make the decision
- Executors and families who need help administering an estate
If you are buying or selling at the same time as planning your estate, our conveyancing team can handle the property side in parallel.
Why families and business owners choose Tormeys Solicitors
A local firm that knows the Midlands. From our long-established office beside Athlone Castle, at the town bridge over the Shannon, we have advised generations of Midlands families for almost a century. We understand local land, local farms and the practical realities of estates that straddle the Westmeath and Roscommon sides of the river.
Plain-English advice, not legal jargon. Estate planning touches on tax, capacity law and succession. We explain each part clearly so you can make decisions with a full understanding of what they mean for your family.
One team for the whole picture. Wills, powers of attorney, tax planning and probate are handled by the same dedicated team, so nothing is lost between advisers and your plan stays consistent over time.
How our estate planning process works
- Initial consultation. You tell us about your family, your assets and what you want to achieve. We listen first, then set out the documents and explain the various options that fit your personal situation.
- Review of your circumstances. We look at your property, savings, any farm or business interest and your intended beneficiaries and we flag any tax or capacity issues to plan around.
- Clear recommendations. We recommend the right combination of will, enduring power of attorney and any trust or tax planning, and we explain each in plain terms.
- Drafting your documents. We prepare your will and any related documents for your review and we make changes until they reflect your wishes exactly.
- Signing and safe storage. We arrange proper signing and witnessing and we can store your original will securely so it can be found when it is needed.
- Review over time. Life changes. We are here to update your plan after a marriage, a birth, a bereavement, a property purchase or a change in the law.
How we price estate planning. The right fee depends on the work involved. A straightforward will is very different from a plan that includes a trust, farm succession and tax advice. We give you a clear indication of costs at the outset so there are no surprises. We do not publish fixed prices online because every estate is different and honest pricing follows an understanding of what you actually need. If someone offers a low fixed fee, they generally cannot deliver a personalised service to you, but it gets their phone ringing. The reason that generations of families trust us us is that they have seen us at work for their family in the past. That trust is built over time. And we never take trust for granted.
Not ready to make an appointment yet?
Send us a short message with your questions and a member of our team will point you in the right direction. There is no cost and no obligation. Our Practice Management is here to ensure that every enquiry is dealt with properly.
Frequently asked questions about estate planning
What does estate planning include?
Estate planning usually includes making or updating a will, putting an enduring power of attorney in place and planning for the tax your beneficiaries may pay on what they inherit. Depending on your circumstances it can also include setting up a trust, providing for a child or dependant with additional needs and planning the succession of a farm or business. The aim is a single, consistent plan that says who inherits, who can act for you if you lose capacity and how tax is kept to a minimum. Our team in Athlone tailors each plan to the family in front of us.
Do I need both a will and an enduring power of attorney?
They do different jobs and most people benefit from having both. A will decides what happens to your assets after you die. An enduring power of attorney decides who can manage your affairs while you are alive, but no longer able to manage them yourself, for example after a stroke or a diagnosis of dementia. A will does nothing during your lifetime and an enduring power of attorney ends at death. Without an enduring power of attorney, your family may have to apply to court before they can act for you, which takes time and adds costs from your estate.
How much inheritance tax will my family pay?
In Ireland, inheritances are taxed in the hands of the person receiving them under Capital Acquisitions Tax. The tax is charged at 33 per cent on the value received above a tax-free threshold and the threshold depends on the relationship between the person giving and the person receiving. A child can currently receive up to €400,000 from a parent over their lifetime before tax applies, with lower thresholds of €40,000 and €20,000 for other relationships. Transfers between spouses and civil partners are exempt. Careful planning and the available reliefs can reduce or remove a bill, which is why advice before you act is worthwhile.
How is an enduring power of attorney set up and registered?
Since April 2023, an enduring power of attorney is made and registered under the Assisted Decision-Making (Capacity) Act 2015. You choose your attorney or attorneys while you have capacity, a healthcare professional confirms that capacity and the document is signed and witnessed in the required form. The document is then registered with the Decision Support Service. It only takes effect if and when you lose capacity, so it sits as a safeguard until it is needed. A solicitor is required to certify that you understand what you are doing and we guide you through each step.Think of it as a backupplan you are making.
How do I get started with estate planning?
The first step is a consultation. You can call the office or send an enquiry through the contact form and we will arrange a time to talk through your circumstances. At that first meeting we explain the documents you are likely to need, answer your questions and set out clear next steps and an indication of costs. There is no obligation and everything you tell us is treated in total confidence. Many clients are surprised by how straightforward the process feels once they have a plan mapped out with someone local they trust.
Estate planning in Athlone, Co. Westmeath and the Midlands
Tormeys Solicitors provides estate planning from its long-established office on Castle Street in Athlone, in the historic town centre beside Athlone Castle and the Shannon. We act for families and businesses across Co. Westmeath and the wider Midlands, from the town itself out to the communities around Lough Ree and along both sides of the river. Set in the heartlands of Ireland, we are within easy reach whether you are planning a will, an enduring power of attorney or the succession of a family farm. MAny clients come from Sligo, Longford, Galway and Dublin.
Plan ahead with a solicitor you can talk to.
Speak with the Tormeys Solicitors team about your will, your enduring power of attorney or the future of your farm or business. We will explain your options, answer your questions and set out clear next steps, with no obligation.
No pressure. Clear advice. A practical plan for the people who matter to you.
