WILL???

ConfusedBuyer

Hi all, can u still make ur own will, without going to a solicitor???

Robbo

Yes you can. I wouldn't advise it though unless you're fully on top of the process as a poorly drafted or invalid will can cause absolute chaos.

johnfás

You can, but it is inadvisable if you do not know what you are doing. As stated above, it will cause an absolute headache for those you leave behind if it is not drafter properly. You probably wouldn't service your car yourself unless you knew what you are doing and a will is a great deal more serious. There are a range of things which one might overlook in drafting their own will - forgetting a residual clause (which deals with everything not mentioned in the will) and also the fact that a witness cannot inherit under the will. Often people drafting their own will may get someone close to them to witness their signature - that is where problems often start as the same person might be receiving a gift under the will. Their witnessing of the signature will invalidate the gift.

In all seriousness, you are far better off going to a solicitor. Many solicitors will draft a will for free, those who won't do it for pittence.

BizAngel

Hi, I recently drafted a will which I thought was fine. When I went to the solr I ended up changing it. I agree with the others that it is worth going to the solr. The solr may not charge especially if you keep it with them as they will be looking at the value of the probate in the future. Also, the more wills a solr has under their management the more valuable the practice as it is seen as a future stream of revenue for them. So..a solr is hapy to see you coming in, may not charge for the reasons above and it should take no more than 30 mins.

dermot_sheehan

You need to know what you're doing.

And you need two witnesses who are not beneficiaries under the will or married to beneficiaries.

Thoie

gabhain7 wrote: »

And you need two witnesses who are not beneficiaries under the will or married to beneficiaries.

What would happen if I write a will leaving everything to my (non-existent) brother, and it's witnessed by random strangers, Mary and John.

A few years down the line, Mary happens to meet my brother in a pub, they get married. Some time after the marriage, I die. Mary was not a beneficiary or married to anyone at the time of the witnessing, but it turns out that she is by the time the will comes into effect. What happens then? Is the will invalid?

Spanish Eyes

If you have no kids and intend to leave everything to the spouse a will is not necessary IMV. The intestacy laws mean everything goes to the spouse anyway.

In any other circumstance you should get that will done! For example, no will where you have a spouse and kids, 2/3rd goes to the surviving spouse and 1/3 to the kids. That's the law. So are you absolutely sure that your kids will not force your spouse to sell the house, liquidate assets etc. so they will get their 1/3rd share? There is nowt quare as folk, don't risk it.

Single people,,,, who would you like your assets to go to? If you don't make a will it will go first to your parents, and if no parents alive, then to your siblings, or the children (nieces and nephews) of any sibling who has died before you. You might hate the feckin lot of em!

Just think about it like this... if you croak in the morning, who do you want to get your stash? If you are single, then make a will. Otherwise the Succession Act will kick in, and it might go to those you hate the most in the world, had rows with, don't talk to, never helped you when you were down,,,, etc. etc.

It's YOUR money, YOUR assets, so it should be a pleasure to draft a will and leave it to those whom you most want to enjoy it.

But get legal advice on drafting a will. It doesn't cost much, but is well worth it for peace of mind. And it can be reviewed every few years too,,,, in case your circumstances change.

Another thing. If you make a will when single, then get married, that will is no longer valid.

There are cases going on in the courts for years, where wills were drafted badly by the deceased person. Beware of home made wills!

Jo King

Thoie wrote: »

What would happen if I write a will leaving everything to my (non-existant) brother, and it's witnessed by random strangers, Mary and John.

A few years down the line, Mary happens to meet my brother in a pub, they get married. Some time after the marriage, I die. Mary was not a beneficiary or married to anyone at the time of the witnessing, but it turns out that she is by the time the will comes into effect. What happens then? Is the will invalid?

Why would you leave property in a will to someone who does not exist? How can Mary meet someone who does not exist? How can she Mary someone who does not exist?
Even if all of the above nonsense happened, the gift to the non existent brother would fail and the residue clause, if any would come into effect. If the residue clause did not deal with the gift to the brother then an intestacy would result in respect of that gift.

Thoie

Jo King wrote: »

Why would you leave property in a will to someone who does not exist? How can Mary meet someone who does not exist? How can she Mary someone who does not exist?
Even if all of the above nonsense happened, the gift to the non existent brother would fail and the residue clause, if any would come into effect. If the residue clause did not deal with the gift to the brother then an intestacy would result in respect of that gift.

Maybe Mary is so deluded that she shouldn't have been a witness in the first place. Or perhaps it was just a badly phrased hypothetical question. Thank you for taking the time to reply anyway.