Apart from this, there are a lot of additional costs and finance required that may go unnoticed by first time buyers. This includes stamp duty, legal fees, survey costs and life and home insurance which is required to be in place before a mortgage is given. This is why it is important to be aware of the financial assistance that may be available to you.

Help to Buy Scheme

The Help to Buy Scheme is aimed at helping first time buyers get on the property ladder through purchasing a new build or building their own residential property. The scheme has been extended to 31^st December 2029 as announced in the 2024 budget.

The scheme provides a tax rebate of up to 10% (capped €30,000) usually to assist with the deposit.

In order to qualify you must:

• Be a first time buyer purchasing a new build or building
• The property must be your main place of residence for 5 years after purchase
• You must have accumulated sufficient income tax and DIRT over the previous 4 years

To apply for the scheme, register with Revenue online and submit your application in order for your eligibility to be determined.

Affordable Purchase Schemes

Another option available to assist first time buyers is the First Home Schemes.

Under this scheme, the government, through the relevant county council, will contribute up to 30% of the property’s market value in exchange for an equity share in the property. Giving you the chance to purchase at a lower price than market value.

Again, there are certain criteria before you are eligible:

• You must be a First Time Buyer
• You must be able to obtain a mortgage from an approved lender participating in the shared equity arrangement.
• Newly built property in a private development

In return for the reduced price, the Council will obtain an equity share in the property equal to the contribution they have made. If the Council has made a 20% contribution to the price, in return they will receive a 20% share in the property. This will have to be repaid when the property is sold, or you can make redemption payments or “buy out” the equity at any stage but there is no obligation to do so.

A first time buyer can obtain both the Help to Buy and Affordable Purchase Scheme for the same purchaser where they meet each of the eligibility criteria.

If you area first time buyer and looking for assistance with any of the above, our property team will be in a position to advise you on all aspects and guide you throughout the process. Please contact us here – at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

While Irish Courts have taken the view that the wishes of the deceased are paramount and therefore they are slow to set aside the wishes of the testator/testatrix, there are a still a number of grounds under which a Will may be contested, the most common are:

• Undue Influence, where it is believed someone was under the influence or coerced into making a will.
• Validity of the Will, where it does not meet the required formalities.
• Lack of capacity, where it is believed they did not comprehend and or appreciate the claims they was putting into effect.
• The will does not provide for a spouse or children in accordance with the Succession Act 1965 

A Will can only be contested in Ireland after the date of death of the testator/testatrix and there are a number of time limits to be aware of:

• 6 years from the date of death for the surviving spouse claiming a legal right share.
• 6 months after the Grant has issued for children claiming improper financial provision under a Section 117 application.

Section 117 applications are applications brought before the Court on behalf of a child who is challenging the provisions, if any, made by their parent in the Will.  Under such an application, the child is required to prove that their parent “failed in their moral duty to make proper provision for the child in accordance with their means, whether by his will or otherwise.”. This is a high threshold to meet.  Where a child is successful, the Court can Order provisions to be made from the deceased estate notwithstanding their intentions.

Probate litigation can be a lengthy and complex process and while it will be at the discretion of the Court as to who bears the costs, it is common practice in Ireland for the estate to pay the costs in reasonable circumstances. This has an impact on the overall value of the estate and highlights the importance of having a well drafted and considered Will.

If you would like more information on the above or would like our assistance with your own Will or obtaining a Grant, please do not hesitate to contact our highly experienced team of at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

An Enduring Power of Attorney is different in that it will only come into effect when the Donor has lost capacity to manage their own affairs.

The process in relation to putting in place an Enduring Power of Attorney (“EPA”) has changed as a result of the Assisted Decision-Making (Capacity) act 2015 (as amended) (ADM(C)A) which commenced on the 26^th April 2023.

It is important to note that if you made a valid EPA prior to the 26^th April 2023, then these changes will not impact your EPA and it will continue to be dealt with under the previous system.

EPAs made after the 26^th April 2023 will now be made under the Assisted Decision-Making Capacity Act 2015. This allows the Donor to create an account on the Decision Support Services (“DSS”) online portal where the application can be completed and submitted along with all supporting documentation which are generated through the portal itself. In circumstances where the online portal cannot be used, there is a non-digital process however this increases the timeframe of completion as there are a greater number of steps. The monitoring and registration of EPAs will now be done by the Decision Support Services.

There are now strict registration requirements as EPAs must be registered with the DSS while you have capacity and within 3 months of the execution date.

Once the EPA is registered, it will only come in to effect after capacity is lost to make the decisions as set out in the EPA. It is at this stage the Attorney notifies the DSS.

As your Solicitors we will be able to guide you through the process from start to finish, including providing the necessary legal statements, as well be able to assist your Attorney with the required steps to notify the DSS and bring the EPA into effect if required as well as their enhanced reporting obligations required by the DSS.

It would be important to consult with us before initiating steps on the online portal.

If you would like more information on the above or would like our assistance with your own EPA application, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.