Making a Will
Do you require advice in relation to the making of a Will?
A large proportion of people in Ireland do not have a will. This is not a happy reality, as if you do not have a will, you not only put your loved ones at risk but you also risk leaving a chaotic scenario for your loved ones or family to deal with in the aftermath of your passing.
We recognise that dealing with the issue of creating a will may seem to be a morbid topic that most people naturally wish to shy away from but we at Downing Courtney & Larkin Solicitors LLP encourage you to regard a will as a document for a living person and one that can be adapted to our ever-changing life circumstances.
A will is by definition, a legal document that allows you, the testator/testatrix decide how you want your property, assets and sentimental items be shared upon your passing. You can make as many wills as you wish throughout your lifetime, but the only one that will matter and remain valid, is the most recent will made before your death.
If you die without making a will, then you are said to die intestate – and your estate will be distributed according to the statutory rules of intestacy. This can be demonstrated as following examples:
If you are survived by:
- A spouse/civil partner but no children (or grandchildren): Your spouse/civil partner gets the entire estate.
- A spouse/civil partner and children:Your spouse/civil partner gets two-thirds of your estate and the remaining one-third is divided equally among your children. If one of your children has died, that share goes to his/her children.
- Children, but no spouse/civil partner:Your estate is divided equally among your children (or their children).
- Parents, but no spouse/civil partner or children:Your estate is divided equally between your parents or given entirely to one parent if only one survives.
- Brothers and sisters only:Your estate is shared equally among them, with the children of a deceased brother or sister taking his/her share.
- Nieces and nephews only:Your estate is divided equally among those surviving.
- Other relatives only:Your estate is divided equally between the nearest equal relationship.
- No relatives:Your estate goes to the state.
Reasons to have a Will drafted by a Solicitor
- Having a will allows you to decide how your property and assets will devolve upon your death rather than statutory rules of intestacy applying
- It will allow you make adequate provision for your loved ones
- It will enable you to provide adequate protection for your children and choose who you wish to be their lawful guardians in the event of your death
- It will allow you to minimise the effects of any inheritance tax that will become payable upon your death, with proper legal advice
- It will also reduce the likelihood of your estate being contested
Being a well-established practice, Downing Courtney & Larkin Solicitors LLP possesses the requisite years of experience and necessary skills and expertise to guide you through the areas of complex areas of wills. We advise individuals regarding the drafting of their wills, the necessary tax implications where appropriate and the preparation of their personal affairs following their deaths and also executors entrusted with fulfilling the provisions and wishes of a deceased’s person’s will. We ensure that clients are advised to amend their wills as their life circumstances change and provide clear and timely advice to executors acting in the administration of estates.
For instance, it is usually advisable to have a will prepared once you acquire property, get married, have children or unfortunately in the event of being diagnosed with a terminal illness.
We deal with all aspects of prudent estate planning to include capital tax advice, tax efficient transfers to family members and distribution of assets to the next generation, powers of attorney, to include enduring powers of attorney, wards of court applications, contentious probate matters which arise to include section 117 actions where an unequal distribution of assets has occurred between members of a family under a will.
We are always available to discuss the making of your will in a sensitive and completely confidential manner.
Please feel free to contact us now for a complimentary, no -obligation fee quotation and we will revert to you within 24 hours. Or you can telephone us directly on 064 66 31061 and speak to a member of our team immediately.
*Please note that the advice above is demonstrative only, please contact us directly so that we can discuss your individual case.
