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Currently Drafting My Will & Testament

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  • 29-05-2014 11:20pm
    #1
    kerry4sam
    Registered Users Posts: 15,127 ✭✭✭✭


    I'm not entirely sure why, but as of this past week I feel compelled to draft a Will for myself and my belongings.
    I am currently also planning my dream trip (to be undertaken before end September) and want my Will complete by me & finalised before then.

    I have a few questions if I may:
    ~ Do the recipients need to be informed of what they will receive before I pass on? (personally don't want them to)
    ~ Everything will be itemised and divided as best I can, but what happens if their is any ambiguity? Who decides what happens related-items then?
    ~ Do I need to inform anyone of the Solicitor I choose to read over and sign off on my Will or will people just find out on my passing? & How so?
    ~ Their are certain 'good-deeds' I undertake and certain traditions I'd like continued that I'd like to mention in the Hope someone (or some people that I may name) mentioned in my Will would continue. Would that be possible as it is more a Personal Wish than anything else.
    ~ I have other info & details I'd like included, how might it best that info is relayed on my passing?

    I am sure I'll have more queries that I may add in my thread here in-time, but if someone could oblige me with answers to the above, I'd truly appreciate it.

    As I said, I am not entirely sure why I am drafting my Will, but just feel compelled to for some odd reason & am aware I can change in the future should circumstances change.

    Many Thanks,
    kerry4sam


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    #2
    234
    Registered Users Posts: 1,529 ✭✭✭234


    kerry4sam wrote: »
    I'm not entirely sure why, but as of this past week I feel compelled to draft a Will for myself and my belongings.
    I am currently also planning my dream trip (to be undertaken before end September) and want my Will complete by me & finalised before then.

    I have a few questions if I may:
    ~ Do the recipients need to be informed of what they will receive before I pass on? (personally don't want them to)
    ~ Everything will be itemised and divided as best I can, but what happens if their is any ambiguity? Who decides what happens related-items then?
    ~ Do I need to inform anyone of the Solicitor I choose to read over and sign off on my Will or will people just find out on my passing? & How so?
    ~ Their are certain 'good-deeds' I undertake and certain traditions I'd like continued that I'd like to mention in the Hope someone (or some people that I may name) mentioned in my Will would continue. Would that be possible as it is more a Personal Wish than anything else.
    ~ I have other info & details I'd like included, how might it best that info is relayed on my passing?

    I am sure I'll have more queries that I may add in my thread here in-time, but if someone could oblige me with answers to the above, I'd truly appreciate it.

    As I said, I am not entirely sure why I am drafting my Will, but just feel compelled to for some odd reason & am aware I can change in the future should circumstances change.

    Many Thanks,
    kerry4sam

    A solicitor can advise you properly as things will depend on your individual circumstances. Many do wills quite cheap, ~€100.

    Generally speaking, no you don't need to notify beneficiaries about their status, or about the solicitor used to draft, the remaining assets go into the residue which will be dealt with in the will, if there are personal wishes, messages, etc they are best included in a letter that accompanies the will.

    Also, is a will somehow different to a will?


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    #3
    NavyandBlue
    Registered Users Posts: 170 ✭✭NavyandBlue


    kerry4sam wrote: »

    ~ Their are certain 'good-deeds' I undertake and certain traditions I'd like continued that I'd like to mention in the Hope someone (or some people that I may name) mentioned in my Will would continue. Would that be possible as it is more a Personal Wish than anything else.

    Many Thanks,
    kerry4sam


    You can set up a trust to achieve such a purpose - appointing a trustee to use the funds left to him in a specified manner. Although, the use of precatory words ("it is hoped" or "it is desired", etc) may not be enough to ensure the trust is binding on the trustee to whom the money is left (the case law is somewhat inconsistent). Essentially, you may want to use more forceful language to make sure that the person to whom the money is left will use the funds as directed. This is a matter which a solicitor would have no problem in resolving.


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    #4
    FloatingVoter
    Registered Users Posts: 6,133 ✭✭✭FloatingVoter


    When my will was drafted it was done in tandem with my late mother. It took the form of a ten or fifteen minute conversation with the solicitor. He took down notes in longhand and asked pertinent questions about this and that. Two days later we had a pair of wills in perfect legalese.


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    #5
    huskerdu
    Registered Users Posts: 1,931 ✭✭✭huskerdu


    kerry4sam wrote: »

    I have a few questions if I may:
    ~ Do the recipients need to be informed of what they will receive before I pass on? (personally don't want them to)
    ~ Everything will be itemised and divided as best I can, but what happens if their is any ambiguity? Who decides what happens related-items then?
    ~ Do I need to inform anyone of the Solicitor I choose to read over and sign off on my Will or will people just find out on my passing? & How so?
    ~ Their are certain 'good-deeds' I undertake and certain traditions I'd like continued that I'd like to mention in the Hope someone (or some people that I may name) mentioned in my Will would continue. Would that be possible as it is more a Personal Wish than anything else.
    ~ I have other info & details I'd like included, how might it best that info is relayed on my passing?

    You need to tell someone in your family where the will is or leave some sort of indication of where the original will is, so they can find it. I have a copy of my will in the house with a note saying where the original is. Not fool proof I know, but a good idea anyway.

    As for your " good deeds" do you mean something like
    "I leave you my house, and I would like you to give money to my favourite charity and put out the bins for the elderly neighbour".

    These sorts of things have no legal meaning.

    What sort of info do you want to relay ?

    As was said before, getting a solicitor to write the will will clear up all the legal ambiguities.


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    #6
    FloatingVoter
    Registered Users Posts: 6,133 ✭✭✭FloatingVoter


    huskerdu wrote: »
    As was said before, getting a solicitor to write the will will clear up all the legal ambiguities.

    The solicitor can (and usually does) keep a copy of the will. For the sake of your worldly goods, it is well worth the investment.


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    #7
    Santa Cruz
    Banned (with Prison Access) Posts: 3,126 ✭✭✭Santa Cruz


    The Chartered Accountant website provides a Personal assets checklist which can be used to lists assets, bank accounts, solicitor contact details etc. Be sure that someone knows where your will is kept. Ideally it should be with a solicitor and you should have a copy as well.
    Be careful of joint accounts that could get caught up in Probate delay or may become subject to inheritance tax.

    If you wish to leave a bequest to a charity make sure it is mentioned. Don't be putting responsibilities on beneficiaries that will end up causing problems. A straight forward, easily read will where the solicitor can establish the estate and then distribute it in accordance with the wishes of the deceased is the best.


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