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making a will

  • 29-08-2015 9:16am
    #1
    Registered Users, Registered Users 2 Posts: 396 ✭✭


    I would like to make a will, I am not married and I don't have children and I would like to include my partner in my will, how should I do this?is this an easy process?


Comments

  • Registered Users, Registered Users 2 Posts: 12,089 ✭✭✭✭P. Breathnach


    Yes. As a single person with no children, you can leave your estate to any person(s).

    Be aware that if you marry your partner after making the will, the will is no longer valid unless you specify that the will is made "in contemplation of marriage".

    If you have children, they may acquire a legal right to a share of your estate.


  • Closed Accounts Posts: 615 ✭✭✭Boaty


    Would I be right in saying wills are legally binding? But not in all instances?
    Person inherits a house and in the will it states that x has to sell it to y, if he wants to sell it.
    X would have to sell it to Y if they wanted to sell it? True or false?


  • Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    You should contact a solicitor who can draw it up properly.


  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Boaty wrote: »
    Would I be right in saying wills are legally binding? But not in all instances?
    Person inherits a house and in the will it states that x has to sell it to y, if he wants to sell it.
    X would have to sell it to Y if they wanted to sell it? True or false?
    Yup, you're in solicitor country there, definitely.

    As a general policy, the law doesn't like to give you too much freedom to control what will happen after your death. Distributing your property to others, fine. Attempting to dictate what they may or may not do many years later with what is now their property, not so fine.

    You can do a certain amount here, but it does need good legal advice and careful planning. In particular, I think you probably can impose the restriction that you are suggesting here. But see a solicitor about how to do it effectively, and in a way that won't have unintended effects.


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