26th Apr 2018


 

A will is a legal declaration of a persons' wishes for the distribution of his/her property following their death. Like all legal matters there are some very strict rules which if not followed, may have unintended results or even make the will null and void  

 

For instance: did you know that if you made your will when single and subsequently married the act of marriage of itself  invalidates that will and a new will should be made?.

 

Did you also know that a spouse is entitled as of right to a proportion of the deceased estate and has special entitlements to the family home?

 

It is important to make a will  to have your say in the distribution of your property after you die. It allows you to provide for the special needs of  family members and furthermore it can also be used with proper advice for important tax planning. Without a will  your assets  will be divided in accordance with the 1965 Succession Act and not necessarily in the manner which you might have envisaged.

 

A will should always be drafted by a solicitor.  The prevalence of ineffectual and void  so called 'DIY' wills cannot be over emphasised.  These one size fits all models invariably cause problems and can cause your loved ones great stress and indeed serious financial loss.

 

On death a will is submitted to the probate office of the High Court.  This is where the will is proved to ensure that it complies with all legal requirements.  This process is very stringent and errors, no matter how insignificant ,can have the effect of invalidating the will  or holding it up to challenge thus adding unforeseen expense to  the estate with the result that less may be available to beneficiaries.

 

Solicitors have a duty even to the future beneficiaries to draft each will in a professional manner to give effect to the wishes of the will maker.

 

We can ensure a properly drafted will giving effect to your wishes and how to structure your bequests in a tax efficient manner.

 

Call 1800 229 229 without obligation or email Brendan Liddy