will guidelines

cj maxx

hi
does the law society set out guidelines or recconmendations regarding the making of a will and information regarding appointing executers?
also publications about appointing a power of attorney ( or enduring PoA)
i know the majority of replies will be say to see a solicictor but they seem to think they dont need one .
but i have taken their current will for an opinion and its a ''recipe for disaster'' as he put it
info or links re:
PoA-advice
maps to outline areas to be left to children
executers., who and reponsibility
any help would be appreciated
thanks

cj maxx

hi
does the law society set out guidelines or recconmendations regarding the making of a will and information regarding appointing executers?
also any publications about appointing a power of attorney ( or enduring PoA)
i know the majority of replies will be say to see a solicictor but they seem to think they dont need one .
but i have taken their current will for an opinion and its a ''recipe for disaster'' as he put it
if anyone oone can post info or links re:
PoA-advice
maps to outline areas to be left to children-engineer required?
executers., who and their reponsibility
any clarifacation about residue- if all apparent bequest are given and only obscure, say land/farm related items, could make
up the residue can it go to one person or does it have to be divided ?
any help would be appreciated
thanks

Pat Mustard

cjmc wrote: »

hi
does the law society set out guidelines or recconmendations regarding the making of a will and information regarding appointing executers?
also any publications about appointing a power of attorney ( or enduring PoA)
i know the majority of replies will be say to see a solicictor but they seem to think they dont need one .
but i have taken their current will for an opinion and its a ''recipe for disaster'' as he put it
if anyone oone can post info or links re:
PoA-advice
maps to outline areas to be left to children-engineer required?
executers., who and their reponsibility
any clarifacation about residue- if all apparent bequest are given and only obscure, say land/farm related items, could make
up the residue can it go to one person or does it have to be divided ?
any help would be appreciated
thanks

www.lawsociety.ie

There are loads of issues in relation to children alone.

Wills are not expensive, generally. It would be extremely unwise not to get a solicitor to draft your Will.

valleyoftheunos

The Mustard wrote: »

www.lawsociety.ie

There are loads of issues in relation to children alone.

Wills are not expensive, generally. It would be extremely unwise not to get a solicitor to draft your Will.

+1

whilst the requirements for a valid Will, (signature, witnesses etc) are not complex, successfully drafting a Will which can be correctly interpreted and actually gives effect to the wishes of the testator can be exceptionally complex and best left to a solicitor.

cj maxx

i TOTALLY agree but there were issues.
my parents went in for legal advice on these and were basically told it was a family issue, no advice on how to approach those issues just come back when you have it sorted and he'll write it up.
since he was happy to draw up the will (recipe for disaster) a few years ago i would have thought he might have mentioned the glaring problems and told my parents what they needed to do (engineers maps, legal agreement ) then .
now im just trying to get a grasp of what i need to ask when i seek legal advice from another solicitor .
im in an awkward position as my livelihood will be the one to suffer if it goes tits up and i dont dont it be mistaken as formulating their will .
its not whats in it , its that what is in wont cause family strife and invalidating the will =probate

Pat Mustard

cjmc wrote: »

i TOTALLY agree but there were issues.
my parents went in for legal advice on these and were basically told it was a family issue, no advice on how to approach those issues just come back when you have it sorted and he'll write it up.
since he was happy to draw up the will (recipe for disaster) a few years ago i would have thought he might have mentioned the glaring problems and told my parents what they needed to do (engineers maps, legal agreement ) then .
now im just trying to get a grasp of what i need to ask when i seek legal advice from another solicitor .
im in an awkward position as my livelihood will be the one to suffer if it goes tits up and i dont dont it be mistaken as formulating their will .
its not whats in it , its that what is in wont cause family strife and invalidating the will =probate

If it was in relation to only one issue, there might be a link to some relevant legislation or caselaw that might help you. That's not the case here. In what you have pointed out, there is likely to be a whole raft of issues.

The best advice is to get a good solicitor, recommended by someone trustworthy.

If the new solicitor is any good, he should be the one to ask the relevant questions of your parents, so that he can draft their new Wills properly, in accordance with their wishes. If he's any good, he should know if an engineer will be needed to mark maps for subdivision of land among beneficiaries.

See links anyway:

http://www.irishstatutebook.ie/1996/en/si/0196.html
http://www.irishstatutebook.ie/1996/en/act/pub/0012/index.html

December2012

I'm presuming that they didn't sort whatever the issue is?

Maybe see a family law lawyer if that is the relevant area?

cj maxx

December2012 wrote: »

I'm presuming that they didn't sort whatever the issue is?

Maybe see a family law lawyer if that is the relevant area?

sorry, been busy . thanks for the replies
the issues were are basically mapping issues (and the expense involved). i saw a solicitor and she said its not a neccessity to have them mapped professionally but if a stranger could properly identify where and what it was meant would suffice. does this sound right? .
its not a contentious issue in the family , just dont want rows over it