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Will advice

  • 13-06-2017 2:18pm
    #1
    Casualcontrol1
    Registered Users, Registered Users 2 Posts: 226 ✭✭


    Hi there. Need some general advice re wills. A family member is unwell and currently dividing their belongings. They have everything sorted and given to a trusted family member as they are too unwell to travel to a solicitors to make a will nor do they want that. They haven't got much money to being with but have decided to leave more money to one child, the youngest, as they are still in college with no income. The older children have partners and jobs etc. My query is.. will this work without a will? I have been reading about "intestacy" and how an executor takes over and divides as per law but this person has specific requests we are afraid it would be overridden. Any advice appreciated thanks


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    If you want bequests to go to people make a will.

    The succession act applies otherwise.

    If you want a will go to a solicitor. It's a few hundred euro that will save you thousands and untold hassle.

    Never DIY law. You wont find out how badly you screwed up until its too late to fix.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    If there is no will then the executor is legally obliged to distribute the assets according to the rules of intestacy so all of the children will inherit equal shares. The only way the person's wishes (as described above) can be legally effected post mortem without a will is if the older children all unconditionally disclaim their entitlement, that is to say they do not disclaim in favour of the younger sibling, they simply disclaim.

    Agree with the previous poster, get the family member to make a will.


  • #4
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    Casualcontrol1 wrote: »
    they are too unwell to travel to a solicitors to make a will nor do they want that.

    Bring a solicitor to the person. Many solicitors will travel to make a will. Tell them to have a family tree and a letter of wishes made up and given to the solicitor in advance of the visit.


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