Updating A Will

Dempo1

I have an existing will drawn up with a solicitor over ten years ago. I've not used this solicitor since (no reason, just no need).

I need to update my will on recent reflection.

My family situation quite complicated (Basically I know none of them, including 13 brothers & Sisters), I was brought up in state care.

I have a Gaurdian and his Family who I regard as my family and vica versa all of whom have been very good to me, over many years, Its important to me they are benificeries of my humble estate. I don't want to appear cold, but I've never had any connection any Direct family members, I wouldn't even know were to look, if I had such a desire.

My existing will clearly states my wishes, but at the time I included others, such as a charity and friend who has since passed, these were done in order of preference (if I'm making sense)

In essence I want to ammend my will, I'm dubious of doing it online and would prefer not to have to engage a new solicitor, more local to me. I moved from Dublin to Midlands 20 years ago.

Apart from the family complication, I'm single with no dependents, very small mortgage remaining and estate value (Home) of €200k.

Any thoughts appreciated.

Thank you

Peregrinus

Why do you not want to retain a solicitor?

Dempo1

https://www.boards.ie/discussion/comment/117888044#Comment_117888044

Morning, no reason particularly, I just wondered could I update it myself with witnesses, obviously if the advice is to get a solicitor I'll go with that. My current solicitor (albeit over 10 years since I've used him) is based in Dublin) ,I'm in the Midlands

Thank you

Peregrinus

I wouldn't monkey with the existing will. If you want to change your will the simplest procedure, and the one least likely to give rise to confusion, misunderstanding or error, is to make a whole new will — which might be 90% identical to the old will, but now all your intentions are cleanly set out in a single document with no amendments, corrections, etc.

Do not attempt to alter your existing will by writing on it, crossing things out, etc. When The Time Comes, if your heirs go to the Probate Office with an original will that appears to have been altered or interfered with in any way it will be viewed with grave suspicion; delay and possible expense may result. Don't do that to them. If you really want to amend a will as opposed to replacing it, the way to do that is with a separate document, which refers back to the original will, says what parts of it are excluded or overridden, says what's added, and is signed and witnessed with the same formalities as the original will.

But, as I say, a whole new will is the best option; there is simply less to go wrong there and, as it's the standard procedure that solicitors are used to, it's likely to be the cheapest option if you do retain a solicitor.

And, if I were you, I would retain a solicitor. Your situation is slightly non-standard, and there may be some possibility that one or more of your blood relatives might not be too happy about you leaving your all to "strangers" and away from the family, and might want to make trouble. Weirder things have happened, I'm afraid. Also, even if your estate is likely to be quite small, there may be tax implications for your heirs as they are unrelated to you, and a solicitor might be able to advise on how to minimise those.

wildwillow

Sometimes during the year some charities join with solicitors to do will making at a reduced rate for a week or so. Usually during April and October. Need to be 55+ Not sure if this has happened during Covid

But please do employ a solicitor to draw up a new will, making your wishes very clear.

Dempo1

Thank you all and great advice. I hadn't considered it would be better to draw up a new will rather than any amendments. The original actual with my original solicitor so I may need to request this before engaging a new solicitor nearer to home.

Nor had I considered tax implications in my unusual situation

Very very helpful and appreciated 😏

coylemj

The original actual with my original solicitor so I may need to request this before engaging a new solicitor nearer to home.

If you're making a new will, this is not necessary. The standard wording at the beginning of a will is that you revoke all previous wills so by making a new will, the earlier one is rendered void. Just make sure the people close to you know where the new will is located.

Dempo1

https://www.boards.ie/discussion/comment/117889440#Comment_117889440

That makes life so much easier and thanks for that heads up, appreciated. 😏

Peregrinus

Nevertheless it is good practice not to leave superseded wills out there; somebody might find the old will and not be aware of the new will revoking it. Standard operating procedure is to destroy the old will as soon as the new will has been executed, and it's a wise practice.

Dempo1

https://www.boards.ie/discussion/comment/117892970#Comment_117892970

Thanks again, will take on board all these excellent suggestions, appreciated 😏

Darthvadar

If you're a member of a Credit Union, check with them. Many have a subsidised or even a free Will Making Service for their members with a local solicitor. Could save you a bit.

Darth.

Mrs OBumble

You are in the Midlands - so what?

Contact your old solicitor in Dublin, tell them the change you want, and ask them the cost of making the amendment. Meet them on Zoom if they want a meeting. Ask if you need to physically go to their office to sign it, or if the witnessed signature could be done with another legal professional closer to your home. If necessary, take a 1/2 day leave for a trip to Dublin.

Just make sure that whoever might have to deal with your affairs in the event of an unexpected death knows where to find the solicitor. A note on the fridge with the name + phone number of your next-of-kin, doctor, solicitor, work-manager, priest/spiritual-advisor/funeral-preference, Guardian and best friend is what some people do. Or if prying eyes sometimes visit, a sealed envelope labelled "contact details for emergencies"

OU812

Get a solicitor

Make a new will

It's as simple as that. All wills are recorded with the law society by your solicitor so the new one will "overwrite" the old one. If there's small sentimental or personal items you'd like people to have, you can also write these as a separate document.

Also advisable to write down what your wishes are and have your solicitor witness it such as "Do not resuscitate" or in the event of life support being administered, or "heroic efforts" etc. They're called a Living Will & have no legal bearing but will avoid doubt as to your wishes should you not be able to speak (or think) for yourself & absolve any guilt as well as negate any arguments between family members as to wether to keep you alive or not.

Dempo1

https://www.boards.ie/discussion/comment/117909949#Comment_117909949

Thank you for the advice, I wasn't actually aware all wills were recorded by the law Society, this of course would make sense, often wondered how for example a will could be located in the case of a single person passing away, good to know.

I've absolutely decided to engage a more local solicitor to draw up a new will, I have a copy of original so will bring this along. Thanks again.

Dempo1

Firstly thank you all for the very helpful responses, I will be engaging a new more local solicitor very shortly to draw up new will.

There is two final questions if I may.

Due to my complicated family situation (no knowledge of or contact with), my desire is to have my Gaurdian or his Son benefit from my will.

Tax implications were raised, correctly as they are not blood relatives in the true sense. My Gaurdian had for many years supported me both personally and financially (College, Work on my home, deposit etc), he never expected or wants such support repaid but I really need to have this acknowledged in the sense, I would hate he or his son to have a tax liability, knowing as I do my Gaurdian gave me financial support over many years. Is there a way to record, document this in a will or seperately in a legal documentation sense. I couldn't quantify an amount but could estimate. I should state all and any support was not on the basis of a loan or repayment, more as Gifts/ Supports. Obviously this wouldn't be a concern from a blood relative inheritance point of view.

Secondly. Witnesses, I understand 2 are required, ideally not related to me. Can one be the actual solicitor or are two independent witnesses required.

Thanks again everyone, I appreciate my situation unusual.

Peregrinus

The solicitor who drafts the will for you will usually arrange execution and will provide two witnesses (usually members of staff of his office). The witnesses do not need to know what is in the will; just that it is a will.

Dempo1

https://www.boards.ie/discussion/comment/117910169#Comment_117910169

That's really useful to know, one less concern, thank you 😊

wildwillow

Your guardian is a stranger as far as wills are concerned so can only receive €16,250 without paying tax. His son can also receive the same always allowing that neither has fully used this category already. If there are spouses or children and grandchildren they could also receive the same amount.

If you spread the amount among his family members it reduces tax but you may not want to do that. You can gift €3000 every year to as many people as you want without tax implications but that’s not suitable when your estate is property.

You can put a clause in your will acknowledging all your guardian has done for you and your gratitude for same. I presume he is a good deal older than you so maybe will be deceased before you and it will be lost to him. Write him a letter setting out how he has influenced your life and your gratitude for same. Definitely talk to to a tax advisor before doing anything and they can tell you how best to distribute your estate.

You are obviously a very kind and thoughtful person and I wish you well.

Dempo1

https://www.boards.ie/discussion/comment/117910597#Comment_117910597

Thank you for that and those final kind words. Excellent advice and appreciated. My estate would be primarily property. My guardian is a very fit 74 , his son 40 .

My primary concern is insuring the both benifit, most likely the Son whom I see as a brother, so I feel all the advice offered should insure this.

Thanks again 😊

Claw Hammer

https://www.boards.ie/discussion/comment/117909949#Comment_117909949

Wills recorded by the Law Society? When did this start?

OU812

https://www.boards.ie/discussion/comment/117914513#Comment_117914513

That’s what I was told the last time I did mine (about ten years ago, have also heard it from others), I and possibly others were misled, but that’s the I formation I was given

Claw Hammer

https://www.boards.ie/discussion/comment/117914885#Comment_117914885

https://www.thejournal.ie/bill-registration-will-3138753-Dec2016/

Peregrinus

https://www.boards.ie/discussion/comment/117915748#Comment_117915748

That Bill provided for a register of will to be maintained by the Registrar-General, not the Law Society. It would have been a voluntary register; you could register you will there if you wanted to, but there was no obligation. You would have registered information about the will - the name of the testator, the date of execution, the location of the original will - but no information about the contents of the will, and no copy of the will itself. You didn't have to keep the registration up to day - e.g. if you made a new will that superseded the registered will, or if the information about where the will was kept became out of date, you didn't have to update your registration to show this.

So, questionable as to how much use the register would have been. But we'll never know; the Bill never passed, and has now lapsed, so there is no statutory register of wills.

Dempo1

https://www.boards.ie/discussion/comment/117917957#Comment_117917957

Morning and thank for that clarification, I was aware of that bill bit was unsure if it ever passed, I also noticed the will register website itself is in unreachable.

It would make sense to have one source to save and indeed be able to locate such important documents, especially in cases where perhaps some one with no direct family passes away.

I'll be very very sure to make sure the right people know we're my new will is located. Thanks again.