Making a Will
From reading above you can see the importance of making a will as if you do not, and die without a will, the law on intestacy decides what happens to your property. A will can ensure that proper arrangements are made for your dependants and your property is distributed in the way you stipulate after you die, subject to certain rights of spouses/civil partners and children.
There are certain requirements which must be fulfilled when making a will to ensure it is valid.
- You must put the Will in writing.
- You must be over 18 years of age.
- You must at the time be of sound mind.
- You must sign or mark the Will or acknowledge a signature or mark on the Will while in the presence of two witnesses.
- Your two witnesses must sign the said Will in your presence.
- The two witnesses cannot be people who will gain from your Will. They also must be present with you at the same time for their attestation to be considered valid. Spouses or civil partners of the witnesses ’also cannot gain from your Will.
- Your two witnesses must see you sign the Will but they do not have to see what has been written in it.
- The signature or mark must be at the very end of the Will.
Nelson & Co Solicitors have been making Wills since 1982.
When a deceased person has made a Will, the process which allows the assets to be distributed is called Probate. The representatives of the deceased are known as the Executors. If no Will has been made then the process is called Administration.
It is possible for executors and administrators to act without a solicitor, however, if the estate is complicated, it is best to get legal advice.
You should always get legal advice if, for example:
- The terms of a will are not clear.
- Part of the estate is to pass to children under the age of 18.
- The person who has died left money or property in a trust.
- The person who has died owned land or property abroad.
- The person who has died owned a business.
- Anyone would be likely to dispute the will.
If a person passes away without making a will, they are said to have died intestate. This means that the legal rules governing the distribution of property will apply. After any debts and expenses have been deducted, the estate can be distributed in various ways. These are called the rules of intestacy. Only married or civil partners and some other close relatives can inherit under the rules of intestacy. See Full details on the Citizens Advice Bureau
If you have been entrusted to administer the estate of a deceased relative, either as executor (where there is a Will) or as administrator (where there is no Will), it can be a traumatic and difficult experience. As a highly experienced Probate Solicitors in Dublin John Nelson & Co Solicitors will guide you through the process while providing the best legal advice possible with compassion and expertise.