Making a Will

Jellybaby1

I probably should be over on a legal forum with this but thought I'd ask here first. We have been attending some funerals recently and its hitting us that its time we should get things sorted out ourselves. Has anyone done the deed yet and is it a straightforward procedure or are there things I should be aware of?

beertons

Fairly straight forward. Name all the people you want to leave things to, don't say to my sisters this, and my brothers that. If you have grandchildren, the same. Name them, and don't use the word grandchildren. Simples.

Jo King

First off, it is better to get a solicitor to do it. The solicitor is less likely to make a mess of it.
No making a will leaves a lot of complications for the survivors so do it. If there is no will all of your property vests in the President of the High Court and an application has to be made for a grant of administration. This is costly and time consuming. It can be avoided by appointing an executor in a will.
Not making a will means the rules of intestacy apply. This might result in something you don't want such as a nephew you haven't seen in years getting a share in your estate. Also a will can be an opportunity to leave money to a cause such as a sports club or a charity. One of the markers used by swimmers in the forty foot was provided by money left in a will by a deceased member of the association.
Identifying the beneficiaries is crucial. I know of one case where a woman left land to her grandson Michael. It turned out she had two grandsons called Michael. There have been three court cases over it so far.
Make sure to say things like "My nephew John Murphy of Address, son of my sister Mary Murphy nee Brown."

Some solicitors offer a service every year where they make a will for €50 with the money going to charity. Others charge a small sum for making a will and others charge a lot. Some big firms in town could run you to €1,500. Most locals would charge about €150.
If you use a solicitor the beneficiaries can sue if that solicitor if something has gone wrong.

Jellybaby1

Well that all makes a lot of sense and I hope to follow up on that soon. Thanks everyone.

annieoburns

With full name (maybe include middle names) of beneficiaries, perhaps put in an address/country.

Think of a person to appoint as an executor to carry out your wishes. This person can also be a beneficiary. And another person as a spare executor if first one not available or unwilling. You can have joint executors as well.

You can put that a persons share of estate pass to thier descendants should this person die before you. So your child's share would go to the grandchildren rather than the spouse.

You can include a letter of wishes for minor items as to their disposal ... you can modify this more easily than making a fresh will.

You can use the will to mention how and where you wish to be buried/cremated.

The witnesses ... two of them, must see you actually sign the will and then put their signature afterwards. They do not see the detail of the will and can be anybody passing by that will oblige for you eg secretary of the solicitor or the cleaning lady etc. They may not be beneficiaries.

If several pages to the will they should be numbered and attached to each other ie stapled or bound.

Jellybaby1

Forgot about an executor. I have to admit, I don't know anyone who I would appoint other than my children and I am not sure they would want to do it. What would the duties of an executor be?

stoneill

30 mins with a solicitor - job done and piece of mind.

Jellybaby1

Thanks Stoneill. Not sure if you are answering my last question or my first?

annieoburns

Duties of Executor/Administrators
Generally, you are obliged to distribute the assets as soon as possible after the death (within a year if possible - you may be sued by the beneficiaries if you do not distribute the estate within a year). This may not be possible if there are legal issues to be decided).

You are under a duty to preserve the assets of the deceased until they are distributed and to protect the assets from devaluation. For example, you should make sure that all assets required to be insured are insured for their market value.

You have power to:

deal with the estate (for example, to sell it to pay debts or distribute amongst beneficiaries)
represent the deceased in legal actions and to settle legal actions against the deceased's estate
You must:

gather together and protect all the deceased's assets such as money, shares and property and find out their combined value
call in any outstanding funds due (money owing to the deceased)
pay any debts or taxes owed
pay the funeral expenses
make sure that the spouse/civil partner and children know about their legal right share
make sure the entitled beneficiaries or next of kin get what they are entitled to, and that ownership of property is passed on correctly.

annieoburns

An executor does not have to be informed or accept the duty ahead of death.

An executor may decline the function hence important to think of a no 2 person. But if he declines, he is removed from the process and may not return. So it must be done formally not casually.

An executor has the duty to source the will so should be told where it is kept when it is needed to be read/ submitted for probate.

An executor must swear an oath that he has carried out all the terms of the will/or has submitted a correct account of assets of the deceased.

Even if a solicitor is employed the executor must keep track of costs/accounts of same

Jellybaby1

Thanks Annioburns, you obviously have all the knowledge there. Another question, can there be more than one executor?

annieoburns

Yes you can have joint executors so that may mean an occasional meeting with a solicitor where both must be present and sign off on things otherwise you can sign documents separately. So they can be in different countries. If stuck for a person, a solicitor or bank manager (former times!) could act as an executor. It is a bit of a chore but not if person is close family, more of a final act of love. For example you might need to organise the wording on a headstone even tho the expenses would be paid out of the estate.

You could make a special provision in the will for your executor to be paid a sum of money for his troubles.

With luck there will be have a good relationship with a solicitor that the executor will appoint to proceed with probate application. So he does all the work and keeps the executor informed. It is not necessary to use a solicitor but that is a whole other thread! Some wills can be simple. A married person might let the common law prevail of all going to a surviving spouse so no will. It would be a great help in such a case for any bank accounts to be held jointly as otherwise funds are frozen on day of death until probate is granted.

Jellybaby1

Many many thanks for clarifying.

jos28

Found it to be pain free and easy. I rang my solicitor, he drew up a straightforward, bog standard will leaving everything to our children. Called into his office to sign and it cost €50. Easy peasy !
He did advise us to also make a checklist of our possessions. It is essentially a list with details of our bank accounts, insurance policies, deeds of your house or mortgage, PPS numbers and anything else that you can think of that might make life easier for whoever is left to sort things out.
I was executor for both my parents and I was lucky that they had given all of those essential details. It definitely made things much easier to tackle, especially when your head is all over the place.

G3467

annieoburns wrote: »

Yes you can have joint executors so that may mean an occasional meeting with a solicitor where both must be present and sign off on things otherwise you can sign documents separately. So they can be in different countries. If stuck for a person, a solicitor or bank manager (former times!) could act as an executor. It is a bit of a chore but not if person is close family, more of a final act of love. For example you might need to organise the wording on a headstone even tho the expenses would be paid out of the estate.

You could make a special provision in the will for your executor to be paid a sum of money for his troubles.

With luck there will be have a good relationship with a solicitor that the executor will appoint to proceed with probate application. So he does all the work and keeps the executor informed. It is not necessary to use a solicitor but that is a whole other thread! Some wills can be simple. A married person might let the common law prevail of all going to a surviving spouse so no will. It would be a great help in such a case for any bank accounts to be held jointly as otherwise funds are frozen on day of death until probate is granted.

Be aware that if there is no will and there are also surviving children, the surviving spouse gets 2/3 of the estate and the remaining 1/3 is divided equally among the children.

Jellybaby1

This is wonderful information, and besides myself I am sure there may be others viewing this who would find it very useful. I have a bit of work to do making lists now.

jos28

Never mind all your bank details/insurance documents etc, apparently Google are now planning to help us look after our digital afterlife too.

http://www.slate.com/blogs/future_tense/2013/04/11/google_death_inactive_account_manager_lets_you_plan_digital_afterlife.html

Jellybaby1

Well, I suppose, I shouldn't really be surprised. It had to happen! Thankfully, I never ventured into the whole FB thing.

aknitter

Had one since I was 20, its great peace of mind, head to a solicitor and they'll sort you out.

Kosseegan

aknitter wrote: »

Had one since I was 20, its great peace of mind, head to a solicitor and they'll sort you out.

Will made before marriage are invalid, unless made in contemplation of marriage.

aknitter

Kosseegan wrote: »

Will made before marriage are invalid, unless made in contemplation of marriage.

Makes no difference, still valid as the sole beneficiary is now my husband Been together a long time!

CaraMay

I got mine done through my local bank branch. It was €75 and they administer the estate if you die.

Jellybaby1

Good info. Thanks for taking the time to post.

Kosseegan

aknitter wrote: »

Makes no difference, still valid as the sole beneficiary is now my husband Been together a long time!

Succession Act 1965.
Revocation of will. 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.

Citycap

Go on a SKI holiday i.e Spend Kids Inheritance

Jellybaby1

Actually, I think by the time the government is finished with us, there won't be much inheritance for the kids! :mad:

TunePlayer

I want to make a very simple will without going to a solicitor. If it is signed, dated and witnessed properly, is the following ok?: "I leave everything I own to my wife Mary, or if she predecease me, to be divided equally between my four children."

looksee

Not sure that the 'I own' bit is correct; if you have a mortgage it is arguable that you do not own your house. If something belongs to you jointly that could create issues.

However it is no use asking us here, we cannot give legal advice, and saying that something would be ok is giving legal advice. You would be advised to get a solicitor's advice (that is all we can say).

Thoie

Something to watch out for - you could be living together for donkey's years, but if you're not spouses/civil partners, and one of you dies without a will, things can get messy. Really really worth getting one done to make sure everything is on the up and up. There is an opportunity for the survivor to apply for redress, but they will not automatically inherit anything, even if that was the intention.

http://www.citizensinformation.ie/en/death/the_deceaseds_estate/what_happens_the_deceaseds_estate.html

ytpe2r5bxkn0c1

You can make a will with a solicitor with no fees in many cases. My solicitor doesn't charge us for the will or subsequent changes to it.

cobham

It is important to get the wording right even a simple one. For example you should name each child fully. And say if you want their share to go to their children should they predecease you. You need to appoint an executor (or two/or a spare) who can also be a benificiary. You can also include 'wishes' like what sort of funeral you would like. A 'wish' is something that the executor is not bound to follow unlike a 'directive'.

I hope you have joint bank accounts so that your wife can access funds ahead of probate.

You should inform your executor of the your intention and mention where the will is to be kept.

You can always add a codicil later if you thing of anything else. Or like Maeve Binchy redo it every year!

Some solicitors do not charge but hope to profit from your estate at the probate stage