Finding the Right Solicitor to Make Your Will

Finding the Right Solicitor to Make Your Will

Finding the Right Solicitor to Make Your Will.

Making a will can be a complex legal process. There are many varying steps that require a level of detail that may lead to complications or misunderstandings. Therefore, finding the correct solicitor to develop your will can be a crucial choice – ensuring that your loved ones stay out of court, avoid dispute, and so on. Making a will is not required by law in Ireland, but it is an important step in ensuring that your estate is divided amongst your loved ones as you wish. In this blog, we will take a deep dive into the will-making process in Ireland and how matching the right solicitor with the right circumstances can prevent future headaches further down the road.

 

Before we begin this blog, it is important to have an understanding of some legal definitions when it comes to will-making/probate law, as they will crop up throughout.

Estate – Simply, the possessions that you own and/or intend to divide among your chosen beneficiaries.

Beneficiaries – The recipients of your estate. 

Testator – The person who writes the will i.e the person with the capacity to make the will.

Intestate – If you pass away without leaving a will, you are said to have died ”intestate”.

Witness – The people or persons chosen to oversee the signing of the will and guarantee its validity.

Executor – The person entrusted to carry out the wishes of the will maker upon his or her passing.

 

When it comes to making a will in Ireland, there are many things to consider. There are also a certain number of legal requirements that must be met. You must be over the age of 18 and of sound mind to make a will. The will must also be officially laid out in writing, with your confirmed signature and the signature of two witnesses, present at the will’s completion.

Before we begin this blog, it is important to have an understanding of some legal definitions when it comes to will-making/probate law, as they will crop up throughout.

Factors to consider when deciding to make a Will

If you die without having made a will, you are said to have died intestate and your estate will be distributed according to the rules of intestacy. This may not be in line with your wishes and can cause disharmony and disputes among your loved ones.

One very important thing to consider when drafting a will is who you would like to appoint as Executor/s of your will. The Executor is the person who will be responsible for administering your estate in accordance with the terms of your will. This can be a daunting task and you should consider appointing someone you trust implicitly to carry out your final wishes.

You must also be aware of the potential for inheritance tax in Ireland – known as Gift and Inheritance Tax (Capital Acquisition Tax). This is a tax that is payable on the value of your estate above a certain threshold. The rate of inheritance tax is currently 33% but there are some reliefs and exemptions which can reduce this liability. Your will can be drafted with the impact of inheritance tax in mind. This is why it is incredibly important to employ the expertise of a solicitor when drafting your will. A good probate solicitor will be able to navigate the legal requirements to pay inheritance tax to ensure all relevant taxes are paid, while also ensuring your loved ones receive the appropriate amount of your estate.

Another thing to note, your assets are not the only thing to be considered when you are drafting your will. If you are someone with young children or dependents, another very important consideration when making your will is guardianship – who will care for your children if the unthinkable happens. You can appoint a guardian in your will to ensure that your children are cared for in the event of your passing.

What Should be the Contents of My Will?

A defined format for a will does not exist. According to Irish Probate Law, the will does not have to follow any particular order, but it must include the name and address of the testator, a revocation of any previous will that may have been produced, a named and appointed ”executor” along with their address. It is also advisable to list any assets and debts that the will maker has at the time of writing the will. This can be extremely helpful for the Executor as it gives them a starting point when it comes to distributing the estate.

Once these basic requirements have been met, you are free to include anything else in your will that you see fit. It is important to note that any Will made in Ireland must be signed by the testator and two independent witnesses in the presence of each other. The will must also be dated.

Ensuring that your will is drafted with the aid of a solicitor is imperative to avoid the creation of “DIY wills”, something which the courts in Ireland have had to contend with. The main reason for the existence of DIY wills is that people often try to avoid the perceived hassle and expense of employing a probate solicitor. However, the time, energy and cost of dealing with probate disputes and litigation off the back of an improperly prepared will, will almost certainly outweigh any initial expense.

Changing your Will in the Event of a Change of Circumstances

Once a will has been written, it does not mean it has to be set in stone.  If there are any developments in your personal circumstances, it is important to review your will and make any necessary changes.

If you wish to implement these changes, the testator can add a separate document, referred to as a codicil.  A Codicil is simply an amendment to an existing will and must be signed and witnessed in the same way as the original will. It is advisable to have your will reviewed by a solicitor every few years, or sooner if there are any major changes in your life such as marriage, divorce, birth of children etc.

However, if the circumstances have changed drastically, it might be more efficient to revoke the will entirely. To do this, you must destroy, burn or tear the will and all copies of it. From here, you should work with your solicitor to draft a new will to reflect your new wishes and change in circumstances.

The Role of the Solicitor in Making a Will

While it is possible to write your own will, it is highly advisable for one to employ the services of a highly qualified probate solicitor to write it for you, such as what we have on offer here at Kevin O’Higgins Solicitors. The role of the solicitor in this process can be dictated by you. You may wish for the solicitor to simply draft the will in accordance with your wishes or you may want the solicitor to take a more active role and advise you on tax planning, asset protection, the creation of a trust or other matters relating to your estate.

It is also worth noting that only a solicitor can certify a will for safekeeping by the Probate Office. This is important as, if you were to die without a will or with an invalid will, your estate would be distributed in accordance with the rules of intestacy which may not be in line with your wishes.

There is no set cost in the will-writing process, as the amount you pay will be dictated by the role you want your solicitor to take and the complexity of your estate.

At Kevin O’Higgins solicitors, we understand that each person’s circumstances are unique and we tailor our service to suit your individual needs.

Matching my Circumstances with the Right Solicitor

When looking for a solicitor to assist in the will-making process, it is important that you find somebody who you are comfortable with and who you feel confident will act in your best interests. You should also ensure that the solicitor has the relevant expertise and experience in Irish will-writing and Probate Law.

Once you have found a solicitor that you feel meets these criteria, it is important to discuss your individual circumstances with them and ensure that they understand your wishes. This will allow them to provide you, confidentially, with the best possible service and advise you on the most efficient way to distribute your estate.

 

Conclusion

At Kevin O’Higgins Solicitors, we pride ourselves on providing a personal and professional service to each of our clients. We take the time to get to know you and your circumstances so that we can provide you with the best possible advice.

If you would like more information on will-writing or any other probate law matters, please do not hesitate to contact Kevin O’Higgins Solicitors today.

Buying checklist: Things to know before buying your home

Buying checklist: Things to know before buying your home

So, you’re thinking of buying a house? Well congratulations! This is an important decision and one that should not be taken lightly. When it comes to buying a house in Ireland, there are many things you need to take into account. From the legal aspects of the purchase to the financial implications, there is a lot to think about. To help you out, we’ve put together a buying checklist of things to know before buying your home. While every sale and purchase are different, by educating yourself on the steps that can be expected, you can minimise the possibility of any unwanted surprises.  This way, you can be sure that you’re as prepared as possible for this big purchase.

In this blog post, we will give you a comprehensive guide to buying property in Ireland. We will discuss everything from solicitors’ roles in property purchases to how best to go about organising your funding. So whether you’re just starting your house-hunting journey or are about to sign on the dotted line, make sure to read this blog post!

Organising Your Finances

Organising your finances in advance of any purchase is one of the most important aspects of buying a house. Be it assessing what you can actually afford, saving for a deposit, or getting mortgage approval, having your finances in order before you even start looking is crucial.

The best thing you can do when you start considering purchasing a home is assess how much you can afford and what your budget is.  This will help you immensely when it comes to searching for a property, as you’ll know exactly what your price range is. Two important factors to consider when assessing your budget is realistically analysing how much of a deposit you will be able to save. This is important as, in Ireland, the minimum deposit is 10% the price of the overall purchase price of the property. The second important factor to consider is your debt-to-income ratio (DBI ratio). This is the percentage of your pre-tax income that goes towards paying debts, and banks will use this to calculate how much they’re willing to lend you.

Once you have a realistic idea of what you can afford and what your budget looks like, it’s time to start saving for that deposit! Depending on the price of the property, this could take some time. A great way to jump start the process is by opening a dedicated savings account for your deposit. This way, you can set up automatic transfers from your salary each month and watch that deposit grow. In Ireland, regulations have been put in place to limit the amount a bank or lender can lend you for a mortgage. These are called the Central Bank’s Mortgage Lending Regulations or LTV (loan-to-value) Limits. The maximum amount you can borrow is now set at:

  • 90% of the value of the property for first time buyers
  • 80% of the value of the property for second and subsequent buyers

So, if you’re buying a house worth €300,000, the maximum amount you could borrow would be €270,000 as a first time buyer or €240,000 as a second-time buyer. This means that you would need to have a deposit of at least €30,000 (or €60,000 if you’re a second-time buyer).

If one cannot afford a deposit to cover an LTV limit, there is another option available to them if they are first time buyers. This is the Help-to-Buy (HTB) Scheme. This scheme was introduced in 2017 and was enhanced in July of 2020. Be sure to contact Kevin O’Higgins Solicitors to find out more about the HTB Scheme and to find out if you might be eligible.

Getting Mortgage Pre-Approval

Once you have a deposit saved and know how much you can afford to borrow, it’s time to start the mortgage approval process. In Ireland, you must have your mortgage pre-approval in place before you can make an offer on a property. This is because once your offer is accepted, you only have six weeks to complete the purchase. This means that you need to have your mortgage approval in place so that you can move quickly when you find the right property.

The first step in getting pre-approval is to contact a mortgage broker or bank and arrange an appointment. At this meeting, you will need to provide documentation such as payslips, tax returns, and bank statements. The mortgage broker will then assess your financial situation and tell you how much you’re eligible to borrow. It’s important to remember that just because you’re approved for a certain amount doesn’t mean that you have to borrow the maximum amount.

Once you have your mortgage pre-approval in place, it’s time to start searching for your dream home! This can be an exciting time, but it’s important to remember to stay within your budget. It can be easy to get caught up in the excitement of finding a new home and overlook your financial limitations.

Finding the Right Solicitor for You

As with any legal process, it’s important to make sure that you have the right solicitor on your side when purchasing a property. Your solicitor will be responsible for handling all of the legal aspects of the purchase, from negotiating with the vendor’s solicitor to ensuring that all of the necessary documentation is in order.

When choosing a solicitor, it’s important to make sure that they are experienced in handling property purchases and sales. Your solicitor will also be able to inform you of any title or covenant issues regarding any properties you are looking at – eg.  if there is a right of way across the property, if there are specific covenants forbidding future development to the property, or if there are any rules or regulations concerning an apartment block or complex. Your solicitor should also complete conveyancing checks on the property to ensure there are no legal issues with the property that may cause you trouble down the line.

Read our previous blog, “Finding the Right Property Solicitor for Your Situation”, to find out what you should look for in a solicitor or, alternatively, reach out to Kevin O’Higgins Solicitors today.

Finding Your Home and Making an Offer

The next step is where the fun begins. From here you can start looking for your new home by attending viewings.  Once you’ve found a property that you’re interested in, it’s time to make an offer. In Ireland, the general process for making an offer is to formally make the offer to the estate agent handling the sale.. If the seller accepts your offer, you will be given a contract of sale. This is a legally binding document that outlines the terms of the sale. It’s important to have your contract of sale reviewed by your solicitor before you sign it.

Getting Mortgage Approval

Once you have a deposit saved and know how much you can afford to borrow, it’s time to start the mortgage approval process. In order to get approved for a mortgage, you will need to provide the lender with proof of your income, employment history, and outgoings. You will also need to undergo a credit check. This is important as it will give the lender an idea of your financial history and whether or not you’re a high-risk borrower. Your lender will also require you to obtain a Standard Surveyors Report or a Mortgage Valuation to ensure the price and standard of the property is consistent with the amount of the loan you have applied for. If you are purchasing a second-hand home, it is highly recommended that you organise a structural survey of the property to get a deep-dive into the integrity and quality of your potential new home.

The mortgage approval process can be lengthy, so it’s important to start it as early as possible. Once you have been approved for a mortgage, the lender will provide you with a Mortgage Offer Letter. This letter will outline the terms and conditions of your mortgage, as well as the interest rate and repayment schedule. It’s important to read this letter carefully and to make sure that you understand all of the terms and conditions before signing it.

Final Contracts

Once the valuation has been completed, the lender will issue a Loan Offer Letter. This letter will outline the final terms and conditions of your mortgage, as well as the interest rate and repayment schedule. Again, it’s important to read this letter carefully and to make sure that you understand all of the terms and conditions before signing it. It is even more important to have your solicitor read over it, ensure it is in order, and explain any particulars you may not understand.

The final stage of the process is known as completion. This is when the legal ownership of the property is transferred from the vendor to you. In order for completion to take place, your solicitor will need to receive the balance of the purchase price from you. They will then pay this amount to the vendor’s solicitor. Once this has been done, the keys to the property will be released to you and you will officially become the new owner!

Buying a house is a big decision and one that should not be taken lightly. There are a lot of things to consider before taking the plunge, but if you’re prepared and have done your research, then it can be a smooth and exciting process. Be sure to get advice from professionals, such as solicitors and mortgage brokers, and make sure that you understand all of the legal and financial aspects before signing any paperwork.

I hope this blog has helped to give you an idea of some of the things that you need to consider before buying a property in Ireland. If you have any questions or would like more information, please do not hesitate to get in touch today.

Happy house hunting!

Making a Will in Ireland – Your Questions Answered

Making a Will in Ireland – Your Questions Answered

The act of making a will is not something that most people like to think about. After all, it means coming to terms with our own mortality. End of life planning is a sensitive subject that people often prefer to not address, however, it is an important conversation to have and a conversation to begin sooner rather than later.

The importance of making a will can never be understated. It is one of the most important things you can do to protect your loved ones and ensure that your wishes are carried out after you pass away. If you have children, a will is an essential document. It protects your children and provides for them financially should you die. If you do not have children, a will allows you to decide exactly who will receive your possessions and estate after you die and can help to avoid any family disputes.

Many people put off making a will because they are not sure where to start or what they need to know before they begin the process. This blog post will answer some of the most commonly asked questions around making a will in Ireland so that you can be better informed and feel more confident about taking this important step.

Why Do I Need a Will?

A will is vital in ensuring that your wishes are carried out after you die and that through the appropriate distribution of your estate, your loved ones are taken care of financially. If you have young children, a will allows you to appoint a guardian for them should you die and make sure your money, belongings and assets are passed down accordingly when they come of age. This is also referred to as your “estate”. Your estate is everything you own including your house, car, savings, investments and personal belongings. It is not the assets you possess at the time of signing your will, but the assets you possess at the time of your passing. This is the estate that will be distributed as you wish through your will.

The benefits of a will do not end with your family’s financial security. There are numerous other benefits such as;

  • You may use your will to describe your wishes in death, such as whether you want to be buried or cremated, and what type of ceremony you would like carried out in the event of your passing.
  • If you are unmarried and have a partner, a will is a perfect way to guarantee that they will be covered under the law.
  • You can use your will to support charities or causes that you care about by including them as beneficiaries in your will.
  • A will can also help to avoid any family disputes that may arise after your death as it provides clear instructions on how you would like your estate to be divided. It will be one less thing for your family to worry about at a time when they are already suffering the loss of someone they cared deeply for.
  • Making a will can provide you with great peace of mind, knowing that all your affairs are in order is a weight lifted off your shoulders. It allows you to live your life to the fullest, safe in the knowledge that should anything happen to you, those you love will be taken care of.

What Will Happen if I Don’t Make a Will?

If a person dies without having made a will in Ireland they are said to have died “intestate”, and their estate will be distributed according to the intestacy rules. Their estate will subsequently be distributed in accordance with the Succession Act 1965. The Succession Act of 1965 establishes the estate distribution in line with anybody who is designated as a deceased person’s surviving family, be it spouse, civil partner, or child.

For example if you are survived by a spouse or a civil partner they will inherit your estate, or if you are not survived by children or relations the State will inherit your estate. It’s possible though that these default lines of distribution aren’t the way you want your estate to be administered and without a will in place your wishes can be easily misconstrued.

How Do I Make a Will?

It is strongly advised to contact a solicitor to assist in the process of writing your will. A will is a legally binding document and as such there are certain rules and regulations that must be adhered to in order for it to be considered valid under the eyes of the law:

  • You must be over 18 years of age
  • You must be of sound mind
  • The will must be in writing
  • The will must be signed by you in the presence of two independent witnesses who are both present at the same time
  • Additionally, both witnesses must sign the will in your presence and in the presence of each other.
  • The signatures must be located at the end of the will

You can prepare your own will or you can instruct a solicitor to do it on your behalf. If you prepare your own will it is advisable to have it checked over by a solicitor to ensure that it meets the legal requirements and covers everything you want it to. We will cover the benefits of hiring a solicitor in greater detail shortly.

What Information Does My Solicitor Need to Prepare My Will?

At the very least, your will should cover the following:-

  • Your personal details including your full name, address, date of birth and nationality
  • The names, addresses and dates of birth of your spouse or civil partner and any children you have
  • Who you would like to benefit from your will and how. You can leave specific items or sums of money to people (known as “specific bequests”) or you can leave everything to one person.
  • Who you would like to appoint as executor(s) of your estate. Furthermore, you may want to appoint more than one person as joint executors. This means they will share the responsibility for dealing with your estate.

An executor is the person, chosen by the deceased, to deal with the administration of the will upon the deceased’s passing. It is the responsibility of the executor to take out “probate” on a will. The process of taking out probate involves the executor bringing the will to the Probate Office – the Irish body responsible for recognising the legality of a will – to ensure that the will is legal and binding and that all financial and tax matters regarding the will are in order. A will can only then come into effect once the Probate Office signs off on its validity. If a deceased has no will then the individual tasked with handling the person’s estate is known as an “administrator”.

It is important to bear in mind that there are statutory entitlements under the Succession Act in regards to whether or not you have children and what they are entitled to. Up until 1965, a person’s estate was theirs to do with as they pleased after their death, regardless of their spouse or children’s circumstances. However, under Section 117 of the Succession Act, a child can contest a will if they feel that they have not been adequately provided for.

If the court decides that the child has not been adequately provided for, they can make an order for “provision” to be made from the estate. This means that the court can award a lump sum of money or transfer property to the child out of the estate, or make some other order for the child’s benefit. These are exactly the type of necessary, legal provisions that an experienced solicitor can help navigate.

Can I Amend my Will?

You can and should review your will at least every five years or whenever a major life event occurs, such as getting married, having children, buying a property or receiving an inheritance. If you don’t review your will and something happens that isn’t covered by it, your estate may not be distributed according to your wishes.

Is it Risky to Forego a Solicitor When Making a Will?

While it is possible to make a will without using a solicitor, it is heavily advised against. This is because the legal requirements for a valid will are quite specific, and if even one of them is not met correctly, the will may be found to be invalid. If you use a solicitor to prepare your will, they will ensure that all the necessary requirements are fulfilled down to the finest detail.

What Can a Solicitor Do in Helping Me Make a Will?

A solicitor can help you with a will in a number of ways. First, they can ensure that your will meets all the legal requirements for it to be valid. Second, they can help you to decide what should go into your will. This includes deciding who should be the executor of your estate and who should benefit from your estate. Thirdly, they can help you to change your will if you need to. This could be because you have married, divorced, had children or bought a property since you made your last will. Finally, they can keep your will safe for you. This is important because if your will cannot be found when you die, it may be considered to have been destroyed and will therefore be invalid.

As you can see, there are many tricky legal provisions and potential pitfalls when it comes to making a will. This is why it is always best to seek the advice of a solicitor when doing so. There is much to be said for the peace of mind that comes with knowing your affairs are in order and being managed by someone with years of experience. If you have any further questions about making a will, or would like to make an appointment to have your will prepared, please contact us at Kevin O’Higgins Solicitors. We would be happy to help you.

Finding the Right Property Solicitor for Your Situation

Finding the Right Property Solicitor for Your Situation

Whenever you are looking at buying or selling a property in Ireland, it is important to have the right solicitor for your specific situation at your side. There are many things that go into a property transaction, and having a great solicitor can make the whole process much, much easier. Property law in Ireland can be complex and there are many things that need to be considered when making such an important transaction. You need a solicitor who has experience in this area and who can guide you through the process, ensuring that everything goes as smoothly as possible. In this blog post, we will discuss the various things to consider when looking to find the right property solicitor in Ireland. We will talk about what makes a good solicitor, and what areas of expertise they should have. We will also discuss the financial aspects of buying and selling property in Ireland and give you some tips on things that you should know when making such a large purchase. So whether you are just starting to think about buying a property, or if you are in the final stages of completing a sale, read on for some helpful advice!

So You Need a Property Solicitor:

If you’re reading this blog, odds are you are in the market to hire a property solicitor. There are numerous reasons why an individual might seek the advice or guidance of a conveyancing solicitor – a conveyancing solicitor is simply a solicitor with specific expertise in the buying and selling of property. Maybe you are looking to buy your first home and need some assistance with the paperwork. Maybe you are selling a property and need someone to help finalise the sale. Perhaps you are renting out a property and need some legal advice on how to protect yourself as a landlord. Whatever your specific situation may be, it is important to find a solicitor who can provide you with the guidance and support that you need.

There are some situations where it might be okay to forgo hiring a solicitor. For example, if you are simply renewing a lease on a property that you have been renting for many years, there is no need to hire legal representation. However, if you are buying or selling a property, it is highly recommended that you seek out the services of a property solicitor.

There are many reasons why you might need the assistance of a property solicitor when buying or selling a property in Ireland. First and foremost, a good solicitor will have extensive knowledge of Irish property law. This is incredibly important, as there are many different laws and regulations that govern property transactions in Ireland. A solicitor will be able to advise you on all of the different legal aspects of buying or selling a property, ensuring that everything is done correctly and in accordance with the law.

Another reason to hire a solicitor is for their negotiating skills. When it comes to buying or selling a property, there are usually many different parties involved in the transaction, all with their own interests and agendas. A good solicitor will be able to navigate these different interests and help you to reach a favourable outcome for your specific situation.

Finally, a property solicitor can provide valuable advice on the financial aspects of buying or selling a property. They will be able to advise you on the different mortgage products available, as well as any other financial implications that might be relevant to your specific situation.

What Will Your Property Solicitor Do?

Before hiring a property solicitor, it is important to understand the typical tasks that a conveyancing solicitor will be responsible for when you are looking to complete a large property transaction.

First and foremost, your solicitor will be responsible for ensuring that all of the relevant paperwork is completed correctly. This includes things like drawing up a Contract for Sale when selling property, transferring title deeds, and dealing with any other legal documents that might be required in the process. Regarding the transfer of deeds, in Ireland there are two processes for dealing with the transfer of title documents – Registry of Deeds and the Land Registry. Your solicitor must know the difference between these systems and complete the correct checks and balances accordingly.

Your solicitor will also be responsible for liaising with different parties involved in the transaction, such as banks, estate agents, and other solicitors. This is an important role, as it helps to ensure that everyone is on the same page and that there are no misunderstandings or miscommunications throughout the process.

It is also the responsibility of your conveyancing solicitor to complete local council searches for you when you are buying a property. While a seller is obliged to inform you on specific details relating to the property – for example, property defects – the seller is not legally obliged to inform you on every single aspect of the property. This is why it is important that you find the right property solicitor who will complete all necessary searches into the property to ensure you are fully informed before signing any paperwork.

Finally, your solicitor will be responsible for ensuring that the transaction is completed in a timely manner. This includes things like chasing up any outstanding payments, dealing with any last-minute issues that might arise, and generally keeping the process moving forward.

The Pitfalls of Property Transactions:

The right conveyancing solicitor for you is a solicitor who has the experience and expertise to identify and anticipate all of the potential pitfalls and issues that could arise when completing a property sale or purchase. Employing a solicitor who can successfully navigate through the transaction by preempting and avoiding any negative outcomes is paramount when completing such an important transaction.

While hiring a property solicitor can help to make the process of buying or selling a property much smoother, there are still some potential pitfalls that you need to be aware of.

One of the biggest pitfalls that people can face when buying or selling a property is not understanding the process. This can often lead to people making mistakes or missing important deadlines, which can end up costing them a lot of money in the long run.

Another pitfall to be aware of is not having all of the relevant information before entering into a property transaction. This can often lead to people making decisions based on incomplete or incorrect information, which can again end up costing them a lot of money in the long run. This is particularly important when it comes to the relevance of the legal information a buyer or seller may possess at the time of the transaction. The law in Ireland is constantly evolving and changing and it is important that you choose a solicitor who is learned in the most recent legislation and is constantly updating their expertise and knowledge.

An additional risk to be aware of is the potential for delays. Even if everything is going smoothly, there can still be delays in the completion of a property transaction. This is often due to things like banks taking longer to process mortgages, or problems with the title deeds.

Finally, there is always the risk that something could go wrong and the transaction might not be completed successfully. This could be due to a number of different factors, including one of the parties changing their mind, or a problem with the paperwork. A good property solicitor will do everything in their power to ensure this doesn’t happen. Be it by vetting the other parties and offering sound advice, or understanding every aspect of each contract and the fine print contained within, a good solicitor works to put their client in the best position possible to ensure that the transaction is completed successfully.

While these risks might seem daunting, it is important to remember that they are relatively rare. As long as you take the time to choose a reputable property solicitor and do your due diligence throughout the process, you should be able to complete your transaction without any problems.

Here at Kevin O’Higgins Solicitors, we are experts in all aspects of conveyancing law. With over 40 years of experience under our belt, when it comes to property transactions, there isn’t a pitfall we haven’t already seen and dealt with in the past. Regardless of the obstacles that may be thrown your way, you can rest assured that we’ve got you covered.

Understanding the Transaction’s Magnitude:

When looking for the right property solicitor for your situation, it is important to find someone who understands the magnitude of the transaction at hand. Buying or selling a home is a huge decision, and is one that will have long-lasting implications, especially if you are a first time buyer. You need to be sure that you are working with someone who knows the ins and outs of the process and can guide you through it smoothly.

Similarly, if you are selling your family home, you need to find a solicitor who understands the sentimental value of the property. They should be someone who is sensitive to your situation and can help to make the process as stress-free as possible.

Additionally, it is important that you find a solicitor with the expertise to handle all of the financial aspects of a large property transaction. This includes things like aiding you in your mortgage bid, calculating stamp duty and advising you on the amount of capital gains or other taxes owed when selling a property – note, capital gain tax is only applicable where the property being sold is not your main residence. They should also be able to advise you on the most efficient way to structure the deal in order to minimise your tax liability.

Local Knowledge

Finally, one of the most important qualities to look for when finding a good conveyancing solicitor is local knowledge. Not only will solicitors with good knowledge of the area you are looking to sell/purchase be able to advise you on things like local property prices, but they will also be aware of any potential problems that might arise with the property due to the location.

For example, if you are looking to buy a property in an area that is prone to flooding, a good solicitor will be able to advise you on the best way to protect yourself from this risk. Similarly, if you are looking to buy a property with the intention of developing or building an extension, they will be able to advise you on the likelihood of whether or not planning permission will be approved.

Additionally, by opting to work with a solicitor with a great local reputation and years of experience in the area, you can rely on the relationships they have built over the course of their career to ensure the transaction is completed smoothly. This is particularly relevant where your solicitor is likely to have relationships with the multiple vendors and third parties involved in the transaction – other party’s solicitor, auctioneer, engineer etc.

The name ‘Kevin O’Higgins’ is one that is known the country over in legal circles. Having previously acted as President of the Irish Law Society (2015) and the Dublin Solicitors Bar Association (DSBA) (2009/10), Kevin has developed strong working relationships with a great number of legal and property professionals across Ireland and abroad.

Conclusion

While there are many things to consider when finding a good property solicitor, the most important thing is to find someone you can trust. This is a person who will be handling one of the biggest financial transactions of your life, so it is important that you feel confident in their ability to do so.

If you take the time to consider all of the factors outlined above, you should be able to find a property solicitor who is a good fit for your specific situation. Once you have found someone you are happy with, they will be able to guide you through the process and ensure everything goes smoothly.

If you’re thinking of buying or selling a property, get in touch with Kevin O’Higgins Solicitors now.