last will, do I need it?

Yourmama

hi, I'm non Irish, eu citizen married to non Irish, eu citizen. Our only 3 year old child was born here and has Irish passport. We own a house and a car. apart from that, some low value furniture and nothing else really. Do I need last will or is there some type of default law saying that surviving spouse gets all or it gets split between children and spouse? We both have siblings but as long as my spouse and/or our child gets all by default, I'm happy to go without will.

Mrs OBumble

Who will care for the child is you and your partner both die (eg in the same car crash). If nothing else, you need a will to influence that. Or do you trust the Irish child welfare system to make a good decision for a child of non Irish extraction?

Pat Mustard

Yourmama wrote: »

is there some type of default law saying that surviving spouse gets all or it gets split between children and spouse?.

See Part VI of the Succession Act 1965 re rules of intestacy. Sections 66-75, etc. http://www.irishstatutebook.ie/eli/1965/act/27/section/66/enacted/en/html#partvi

You'd be better off getting legal advice on this. The cost involved in making a will and getting advice is likely to be in the region of a couple of hundred euro at most, and perhaps less.

P. Breathnach

There is law that determine what happens if a person dies without having made a will. It is the Succession Act, 1965.

In the case of a married person with a child or children, two-thirds go to the spouse, and one third is divided between the children.

As your child is very young, it might be better if your estate went to your spouse, and that you trust your spouse to look after the child's interest. So it might be a good idea to make a will. A will should, to a reasonable extent, be future-proofed. Your circumstances might change - you might win the lottery, or you might have more children.

4ensic15

If you die without making a will, your next of kin must apply for a grant of administration. This is likely to be more time consuming and expensive that making a will would have been in the first place. Another factor is that your child or husband could die before you and your estate may go some relatives you have little contact with. It is far better to make a will which can be updated as the need arises. You will spare your successors a lot of hassle and expense, and you will make the decisions not the drafters of the 1965 Succession Act.

Yourmama

thanks for answers, looks like I need one then. I will shop around for solicitors.

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Yourmama wrote: »

thanks for answers, looks like I need one then. I will shop around for solicitors.

My wife isn't irish (is EU). In our will we said who takes the kids in the event both of us die. Our solicitor commented that not many do this and should.

Wills aren't that expensive to get done but worth being done.

Kablamo!

I recently got a will drawn up by a solicitor and it only set me back fifty euro. Good investment.