More will musings

Thoie

Didn't want to hijack the other thread with hypothetical musings. I've always been interested in the processing of wills since a bachelor relative died intestate years ago, and I saw the hoop-la that ensued.

If someone writes a will when single, but then marries (and neither they nor the new spouse writes a will), does anything from the original will "carry over"? Say if you'd said you want €1k to go to the dog's home (and provided your final estate was worth more than €1k), would that still be enforceable after your death, or would it be at the discretion of whoever ended up inheriting?

If you name an executor, but they pre-decease you, do their heirs inherit the executorship, or does it default to someone else?

If the will mentions a specific item (e.g. I want Bob to get my silver bracelet with the green stone), but the item is later lost, what happens to Bob? Does he get something of similar value, or nothing?

It seems to be the norm to leave a will in the solicitor's office, but do you have to? Is there any problem with just telling a bunch of relatives "it's in the blue box in the attic"?

If I've loaned Mary-Kate my granny's best tea-pot, and she dies before returning it, does that become part of her estate if I have no proof of ownership? What if I had loaned her money?

coylemj

Thoie wrote: »

If someone writes a will when single, but then marries (and neither they nor the new spouse writes a will), does anything from the original will "carry over"?

No, they would die intestate unless they had made a will in anticipation of the forthcoming marriage.

85.—(1) A will shall be revoked by the subsequent marriage of the testator, except a will made in contemplation of that marriage, whether so expressed in the will or not.

http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0085.html

In practice most solicitors would encourage a person to make a new will after getting married. Immediately after getting married, the rules on intestacy would say that the surviving spouse gets everything so the impetus for making a will after getting married would be if you want to leave money or property to the likes of parents or siblings, or when children come along.

McCrack

As has been said, subsequent marriage will in-operate a will.

If an executor pre-deceases the testator and there is no other executor named in the will then there are rules as to who is next entitled to take out the Grant of Probate.

If something specific is bequeathed to a named person and that thing no longer exists or can't be found then in the absence of a contrary intention expressed in the will the beneficiary loses out.

A will can be retained anywhere but it's a good idea to let somebody know where.

Re your last Q, the Personal Representative (Executor or Administrator in case of intestacy which is when a person dies without a will) can take an action to recover any property back to the deceased estate.

coylemj

McCrack wrote: »

Re your last Q, the Personal Representative (Executor or Administrator in case of intestacy which is when a person dies without a will) can take an action to recover any property back to the deceased estate.

The OP is actually enquiring about property which has gone in the other direction - from a living person to a person who is now deceased.

Thoie wrote: »

If I've loaned Mary-Kate my granny's best tea-pot, and she dies before returning it, does that become part of her estate if I have no proof of ownership? What if I had loaned her money?

dell boy2

Any one know about Wills, i have a problem where i am named as a beneficiary in my late mothers Will,the Grant of Probate was issued over a year and a half ago but still i haven't received any inheritance. My sister and the solicitors are the Executors but both refuse to speak to me and let me know what is going on.I have told the solicitor that i am going to report him to the law society and i will do it,but i need so advice first..So can anyone help me.I don't have the money to get a solicitor of my own.......Please help!!!:confused

GeorgeOrwell

What do you mean "the solicitor refuses to speak to me"?

Write to the solicitor again, stating that you're the beneficiary of your mother's estate and that you would like explanation in writing about when you will receive the proceeds of the will.

Solicitors can't independently decide not to speak to you.

Kosseegan

GeorgeOrwell wrote: »

What do you mean "the solicitor refuses to speak to me"?

Write to the solicitor again, stating that you're the beneficiary of your mother's estate and that you would like explanation in writing about when you will receive the proceeds of the will.

Solicitors can't independently decide not to speak to you.

Who is going to pay the solicitor to speak to him? Solicitors can't independently decide to spend someone else's money.

dell boy2

GeorgeOrwell wrote: »

What do you mean "the solicitor refuses to speak to me"?

Write to the solicitor again, stating that you're the beneficiary of your mother's estate and that you would like explanation in writing about when you will receive the proceeds of the will.

Solicitors can't independently decide not to speak to you.

When my mother died my sister and a solicitor for the family were dealing with the will jointly.Unfortunatlly the solicitor died himself a year later so another solicitor from the same company took up his duties. When i went to see him the other day i asked him why things weren't sorted by now as i felt it should have been sorted and that i thought in my opinion he was getting paid for a job he wasn't doing. So his reply to me was that he didn't have to speak to me and that he would only from now on deal with the other executor which is my sister. Me and my sister haven't spoke for years that being she wont let me know what is going on either!!