adding something to a will

casio4

This is probably in the wrong place so feel free to move it, i'm just enquiring about adding something to a will. Both my husband and myself made wills leaving everything to one another in the event of one of us dying but now we have a 3 year old girl do we need to change the will to leave her everything or would she automatically get the house and any money we would have if we were to die?also I need to put my sister down as her guardian should something happen can I just bring the will to a solicitor and get this added on?and lastly does anyone know how much it would cost?

coylemj

As things stand, your child will inherit everything if both of you die. Can't answer the question about guardianship, I don't know if a will can cover this.

Claire McCarthy Cork

You can make an "addendum", or an addition to your Will. However, I would say that you may be likely to be advised to make new Wills altogether. A solicitor will probably do the job for you, ensuring you are doing what you need to do to protect your family, and drafting the document you need to do it, for a fee of, what, €100 plus VAT each?... That's a ballpark estimate. I'd consider it money very well spent myself.

ifiwasonlyrich

Yup, you need to redo your will completely. Your have ordinary 'mirror wills' as they can be sometimes referred to, you both now need to do Trust Wills, which really look after the care of your child until they reach the age of 21/23 or whatever age you wish.

Farcear

You can add addendums to wills but for simplicity and certainty a new will is just as quick and easy. It will also allow you to take account of any changed family circumstances.

As it stands, if one of you dies, other partner gets everything (subject to some exceptions). Then, when the other person dies, everything goes to all of the surviving partner's children (new and old) under the rules of intestacy -- assuming the child(ren) are even still alive. This may not be what you want to happen, especially if there is money/wider family issues.

You can also deal with guardianship under a will.

A competent solicitor will be able to advise you on all of these issues.

coylemj

Farcear wrote: »

As it stands, if one of you dies, other partner gets everything (subject to some exceptions).

True,

If partner A dies, then by the wills already made partner B will get everything but if partner B then dies, he/she will die intestate since the only named beneficiary by his/her will will be already dead so the rules of intestacy will cut in and they say that the child will inherit everything.


(3) If an intestate dies leaving issue and no spouse, his estate shall be distributed among the issue in accordance with subsection (4).
(4) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them

http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0067.html#sec67

Farcear

coylemj wrote: »

If there are children that is not the case.

OP also has a will at the moment, so intestacy, or at least the rules applicable in the case of a predeceased residuary legatee, won't arise on the death of the first spouse.

coylemj

Sorry Farcaer and NoQuarter, I modified my post at the same time as you were posting comments so it's kinda all out of kilter.

Maybe you'd revise your comments based on my current post, whether it's legally right or wrong.

Farcear

Technically it's not intestacy, as there is a will (so the relevant grant is still Probate as opposed to Letters of Adminsitration) but the rules on division of assets will be the rules for intestacy.