Drawing up new wills

miss no stars

Apologies if this is repeatedly asked here. There are two wills that I think might need to be re-done following the death of a beneficiary, but I don't want to cause a load of hassle if it's not a big deal.

The first:

I have a bachelor grand-uncle who has a current will that specifies two beneficiaries, one of whom is dead (Person A), one still alive (Person - nephew and niece of my grand-uncle.

The will specifies very little, pretty much just that the estate is to be divided between Person A and Person B equally.

Do we need to get a new will drawn up to make person B the sole beneficiary of the will? As it stands, would person A's stake go to their mother or sister (no other next of kin, probate already gone through)?

I'm also concerned that if anything should happen to person B there is nothing specifying to whom person B's stake should go. Should it be changed to something like "the entire estate is to go to [Person B]. In the event that Person B should have already died, the estate is to go to [insert new beneficiaries here]"? Would failing to have such a clause mean that he would be intestate?

The second:

Person C's current will also divides her entire estate between A and B. Essentially, a mother leaving everything she has to her two children, but one of whom is dead. It might be hard to change this though, because we're currently about to register an enduring power of attorney and I and person B are the attorneys.... Would this need to be changed or would it automatically go to the only living child? And again, what if anything happened to person B? Would this render person C intestate?


I suppose the main question is, if we get a DIY will kit, would that be enough given that there are already existing will in place? Would it be necessary? And would any changes even be permitted when there's a power of attorney in place for the person who's will is being changed and the attorney is becoming the sole beneficiary?

nuac

miss no stars wrote: »

Apologies if this is repeatedly asked here. There are two wills that I think might need to be re-done following the death of a beneficiary, but I don't want to cause a load of hassle if it's not a big deal.

The first:

I have a bachelor grand-uncle who has a current will that specifies two beneficiaries, one of whom is dead (Person A), one still alive (Person - nephew and niece of my grand-uncle.

The will specifies very little, pretty much just that the estate is to be divided between Person A and Person B equally.

Do we need to get a new will drawn up to make person B the sole beneficiary of the will? As it stands, would person A's stake go to their mother or sister (no other next of kin, probate already gone through)?

I'm also concerned that if anything should happen to person B there is nothing specifying to whom person B's stake should go. Should it be changed to something like "the entire estate is to go to [Person B]. In the event that Person B should have already died, the estate is to go to [insert new beneficiaries here]"? Would failing to have such a clause mean that he would be intestate?

The second:

Person C's current will also divides her entire estate between A and B. Essentially, a mother leaving everything she has to her two children, but one of whom is dead. It might be hard to change this though, because we're currently about to register an enduring power of attorney and I and person B are the attorneys.... Would this need to be changed or would it automatically go to the only living child? And again, what if anything happened to person B? Would this render person C intestate?


I suppose the main question is, if we get a DIY will kit, would that be enough given that there are already existing will in place? Would it be necessary? And would any changes even be permitted when there's a power of attorney in place for the person who's will is being changed and the attorney is becoming the sole beneficiary?

Ah, the DIY will kit. Are they still on the go?. Great source of Probate litigation.

If your query is not an exam question you should talk to a solicitor.

A full answer to your query would be against forum rules.

Pat Mustard

miss no stars wrote: »

I suppose the main question is, if we get a DIY will kit, would that be enough given that there are already existing will in place? Would it be necessary? And would any changes even be permitted when there's a power of attorney in place for the person who's will is being changed and the attorney is becoming the sole beneficiary?

The DIY kits are a dangerous false economy.

A Will which is prepared by an experienced solicitor might cost €50 or €100 plus VAT. Most solicitors don't even make money on Wills, and use them as a loss-leader in order to attract business.

There are hundreds of pitfalls which even experienced solicitors do not always avoid. An untrained person has a very large chance of making one of more of those mistakes, either with respect to the drafting of the Will or with respect to taxation; more specifically Capital Acquisitions Tax.

The Will kit probably costs €10.

Litigation arising out of mistakes in Wills can cost tens of thousands, or even more.