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Will not made

  • 11-04-2006 1:55pm
    #1
    Closed Accounts Posts: 330 ✭✭


    My parents have no will left keep meaning to make one they say, but they are of for a couple of weeks for Easter and if the worst happened would the estate automatically be split bewteen the children is this a given, also can they just write down on a piece of paper their will and get 2 people to sign it, they own everything they have no outstanding bills, someone said you can buy a will in eastons book shop, I know any answers are only opinions and accept that to be the case,


Comments

  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    NALO [Not A legal Opinion]

    AFAIK your parents' estates would be split according to the law on intestacy. Also, I think that if beneficiaries are under 18 their inheritance has to be put in trust for them until they attain majority.

    For a will to be valid it must comply with certain requirements. The safest option for your parents is to have their wills drafted properly by a solicitor as that should remove doubts about validity.

    Those pre-printed wills that you referrred to might be alright if they are prepared validly. However, lay-people might be taking on too much in being expected to know how to construct a will validly. It should be a simple job for a solicitor however.

    I think that all of this is covered by the Succession Act 1965. You will find a copy of it at http://www.irishstatutebook.ie/front.html. Look for it under year 1965. Enjoy the read !!:)


  • Banned (with Prison Access) Posts: 3,062 ✭✭✭walrusgumble


    better off going to a solicitor. wills have been messed up in the past over easy mistakes like wills being on different pages, signatures of testators, and others challenging the will on grounds like testators being of unsound mind or being under undue influence.

    one thing about intestacy is whilst the children will befit at least if the intentions of the testators are expressed in a will at least no other people can attempt to make a challenge, if possible. if trouble arises courts to their best to ensure that the intentions of a testator are fulfilled. hopefully by clearly expressing who gets what would mean their no argument over who gets a certain asset belonging to the testator


  • Registered Users, Registered Users 2 Posts: 9,815 ✭✭✭Charlie


    The president of the High Court would appoint a personal representative known as an administartor on behalf of your parents. They perform the duties that an appointed executor would carried out had your parents died with a will. But in essence the property would be split on an equal, next of kin basis.


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