Are holographic wills valid in Ireland?

893bet

As above really. Can I wrote my own will and it be valid?

seamus

Yes, provided that certain conditions are met:
http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html

893bet

The advantage being that the holographic will does not need to be witnessed? This is ok in Ireland also ?

seamus

Sorry, armchair amateur here. I'd like to revise my answer to "No".

A will is not valid in Ireland unless signed by two witnesses who are not beneficiaries to the will, and who saw you sign it. They do not need to be solicitors or otherwise legal professionals.

MarkAnthony

Please state the nature of the probate emergency...

Mr. Incognito

893bet wrote: »

As above really. Can I wrote my own will and it be valid?

If not witnessed then no.

Manach

I'd thought from case law for a valid will: witnessed, signed and written?

893bet

MarkAnthony wrote: »

Please state the nature of the probate emergency...

None. Just curious. Was reading the new John Grisham book and in the first few chapter a chap wrote one. Just thought it a neat idea. I am on my 30's, married with certain assets so would want to write one at some stage.

MarkAnthony

893bet wrote: »

None. Just curious. Was reading the new John Grisham book and in the first few chapter a chap wrote one. Just thought it a neat idea. I am on my 30's, married with certain assets so would want to write one at some stage.

Sorry I was attempting to be funny making reference to the holographic doctor Star Trek.

I realise in this context it's a handwritten will. A solicitor will draw one up very cheaply.

BrokenArrows

seamus wrote: »

Yes, provided that certain conditions are met:
http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html

Your link states:

•The will must be in writing

So a video/ holographic will is invalid.
However you could always leave a holographic will which is backed up by a written will using the same words!

MarkAnthony

holographic = handwritten

Peregrinus

MarkAnthony wrote: »

holographic = handwritten

From the Greek holos, whole + graphos, writing. It distinguishes a will in the testator's handwriting from one which is typed or printed, where the only handwriting is in the signature.

Holographic wills can be witnessed or unwitnessed, but they tend to be creatd in emergency situations, where someone realises that they are at risk of death and have no opportunity to instruct a solicitor, and in these situations they often end up being unwitnessed, or not properly witnessed. Very often "holographic will" is shorthand not just for a handwritten will, but for a handwritten will which is not witnessed.

The position in Ireland is that a handwritten will is just as valid as one which is typed or printed, but the same witnessing requirements apply to both. A will which is not witnessed in accordance with the requirements is invalid, whether handwritten or printed.

seamus

Peregrinus wrote: »

The position in Ireland is that a handwritten will is just as valid as one which is typed or printed, but the same witnessing requirements apply to both. A will which is not witnessed in accordance with the requirements is invalid, whether handwritten or printed.

Theoretical question:

As the handwriting of the infirm can be very poor, in the event that a will or part of it is illegible, even if the will itself is legally valid, how is it decided to proceed? Is the executor allowed to guess/decide what that part of the will says, is it just discarded, or is there a legal process to make a formal declaration as to the will's intent?

Peregrinus

seamus wrote: »

Theoretical question:

As the handwriting of the infirm can be very poor, in the event that a will or part of it is illegible, even if the will itself is legally valid, how is it decided to proceed? Is the executor allowed to guess/decide what that part of the will says, is it just discarded, or is there a legal process to make a formal declaration as to the will's intent?

A legal process is available if needed. The executor can apply to the Hight Court for directions. Or, if the executor reckons they can make out what the testator wrote but a beneficiary or potential beneficiary disagrees, the beneficiary can apply to the High Court.

TBH, this is a good way to make sure that nobody gets much, except the lawyers. The costs of these court applications come out of the estate. This is one of many reasons why you should have your will professionally prepared.

893bet

Sorry forgot to come back to this!

Thanks to all who responded!