The importance of making a will
In a recent survey, it was revealed that 71% of Irish people do not have a will, often delaying the process until they feel compelled to address it. While you don’t have to make a will, there are good reasons for having one, as they provide legal clarity over precisely what a person wants to do with their possessions after the die.
Without a will, your your estate will be distributed between your surviving family members in the way that is set out in law, however it may not what you would have wished for.
While you can write up your own will, most DIY wills are not legally valid. It’s best to get the help of a professional so that you don’t need to worry about how to write a will yourself.
There is no set cost for having a solicitor write your will, and you can get quotations on prices on a solicitor’s website or by calling their offices. You may be able to save money by shopping around.
Before you meet with them, think about:
Your family situation. Do you want to share everything equally, or do some people get more?
What's the total value of everything you own (your estate)?
After you cover your expenses (like funeral costs and the fees for the solicitor), how much will be left to share among your loved ones?
Who would you like to be your executor?
Remember that your spouse or civil partner has a ‘legal right share’ to your estate. This means that they are entitled to benefit from your will, even if you do not provide for them in your will. Your children also may have entitlements.
Partners (that you were not married to or in a civil partnership with) may also be able to claim a share of your estate. If you have property in other countries, you should make a will in each of those countries due to possible differences in succession law.
Clearly identify your beneficiaries (if you know multiple people by the same name, it should be clear who you’re referring to).
If you have property in other countries, you should make a will in each of those countries due to possible differences in succession law.
When you pick witnesses for your will, they can't be benefeciaries. They don't need to read it; they just need to be there when you sign. They could be friends, work colleagues, or neighbours. Also, the executor, the person who makes sure your wishes are followed, should be organised, efficient, and live in the same country as you.
After your death your executor will need to locate the physical will, so make sure they know where it is kept and are updated if you move it at any point. They will then carry out the wishes of your will. The beneficiaries only need to be told about the sections relevant to them.
While most wills are not disputed, if there is a disagreement, it must be settled in court. To sensure a dispute doesn’t arise, it is important that you write your will in simple, straightforward language. Statements which could have more than one meaning should be avoided.