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Moved house - is old will invalid?

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  • 05-03-2020 12:38pm
    #1
    Registered Users Posts: 6,344 ✭✭✭


    My current will was made when I was living elsewhere, and says something along the lines of "Property at 123 Main Street goes to Fred, everything else split between Mary and Bob".

    I no longer own 123 Main Street, but own 456 Back Road instead. I've been lazy about changing the will (but will do it soon).

    If I got hit by a bus tomorrow, would Fred automatically get the house at 456 Back Road, or would I be considered to have died intestate? Or would it just come down to Mary and Bob agreeing on my original intention, but they could challenge it if they wanted?


Comments

  • Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Thoie wrote: »
    My current will
    "PropertyX goes to Fred
    everything else split between Mary and Bob".


    If I got hit by a bus tomorrow, would Fred automatically get?

    In simple terms no you need an amendment to the will

    You left him PropertyX
    Which he cant get as you no longer own it&

    Now the new property falls into "everything else" so mary and bob get the house

    * Unless there is an additional wording which allows for a new Principle Private residence


  • Registered Users Posts: 2,340 ✭✭✭seagull


    You might be best off changing it to be less specific. Something along the lines of "My primary home to go to Fred".


  • Registered Users Posts: 25,361 ✭✭✭✭coylemj


    seagull wrote: »
    You might be best off changing it to be less specific. Something along the lines of "My primary home to go to Fred".

    Sounds like the start of some prolonged litigation. The practice is to name the property i.e. state it's exact address. People don't change house that often, just make a new will if you do.


  • Registered Users Posts: 26,167 ✭✭✭✭Peregrinus


    Thoie wrote: »
    My current will was made when I was living elsewhere, and says something along the lines of "Property at 123 Main Street goes to Fred, everything else split between Mary and Bob".

    I no longer own 123 Main Street, but own 456 Back Road instead. I've been lazy about changing the will (but will do it soon).

    If I got hit by a bus tomorrow, would Fred automatically get the house at 456 Back Road, or would I be considered to have died intestate? Or would it just come down to Mary and Bob agreeing on my original intention, but they could challenge it if they wanted?
    No. It would come to Mary and Bog getting your entire estate. Fred could challenge that, but he's be fighting an uphill battle.

    Change your will to mention "my home at 456 Back Road, or any other home which I may acquire in substitution for it and which is my primary home at the time of my death" or some such language


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