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Making will leaving house to child

  • 04-04-2022 7:38pm
    #1
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭


    Property with a small mortgage

    Can I write something up myself and sign it ? Is that official ?

    What would a solicitor charge or how many visits for that

    Thanks



Comments

  • Registered Users, Registered Users 2 Posts: 10,179 ✭✭✭✭Caranica


    Only child, or one of several? If only child it's very straightforward, if one of several less so.



  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭kirk.


    One of Several children but we lived together on our own, other children lived with mother, dunno if that matters



  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭kirk.


    Thanks and any ballpark on just that ?

    Leaving a property to one of the children thanks



  • Registered Users, Registered Users 2 Posts: 10,179 ✭✭✭✭Caranica


    You'll need to talk to your solicitor. Your children are your children. Your will will have to be watertight to prevent legal challenges tying the property up for years.



  • Registered Users, Registered Users 2 Posts: 2,987 ✭✭✭beachhead


    With one child only and your wishes witnessed it might be acceptable.But with several children a solicitor would be advised especially if you have a partner and not divorced.Why not prepare a will to express your wishes now.



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  • Registered Users, Registered Users 2 Posts: 193 ✭✭TCPIP


    I cannot implore you strongly enough to see a solicitor. It won't cost too much, about 200 quid which is a lot less than any ensuing litigation or family strife from it.



  • Registered Users, Registered Users 2 Posts: 84,763 ✭✭✭✭Atlantic Dawn
    M


    Do a will with a solicitor, as said circa €200 to do. As things currently stand each of your kids would get an equal share likely resulting in the property having to be sold. Usually you make an initial visit declaring what you want to do with your assets, solicitor will then have it typed up and present it to you for sign off, then it's done. You can change a will should your wishes change, same process and most recent becomes the active will.

    Solicitors will charge €200 plus an hour to try to rectify the mess if you don't and it will go on possibly for years.



  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭kirk.


    Sound 200 is ok



  • Posts: 1,344 ✭✭✭ [Deleted User]


    It's fairly straightforward so circa €150-€250 will cover it.......

    Have all your "ducks" in a row before solicitor meeting....... EXACT details of all assets/ life assurance etc., & DON'T tell anyone your intentions/ bequests.....believe me, it's of no benefit to ANYONE to know what's coming down the tracks



  • Registered Users, Registered Users 2 Posts: 2,987 ✭✭✭beachhead


    Do it now



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  • Registered Users, Registered Users 2 Posts: 2,987 ✭✭✭beachhead


    Do it now



  • Registered Users, Registered Users 2 Posts: 10,179 ✭✭✭✭Caranica


    Not too dissimilar case in yesterday's Irish Times, parent died intestate and despite caring burden and express wishes all the children were entitled to an equal share. Showed the importance of a water tight will



  • Registered Users, Registered Users 2 Posts: 84,763 ✭✭✭✭Atlantic Dawn
    M



    Yes and it ends up leaving a bitter taste and possibly a fued for those left behind if they have to chase everything up.



  • Registered Users, Registered Users 2 Posts: 77 ✭✭covidcustomer


    Friend of mine (one of several siblings) lived with a parent until they died, they were not left the property but rather they were left with the right to live in the property until they died, where it would then be sold and divided equally between the rest of the siblings (or to their children).

    It's just an option for you to consider.



  • Registered Users, Registered Users 2 Posts: 84,763 ✭✭✭✭Atlantic Dawn
    M


    Yes this is an idea too, it needs to be though clear in the will who will pay for the maintenance costs for the property in this time, what if it needs a new roof, new heating etc etc, is the cost only for the sibling living there or split between all? Also ongoing costs like insurance etc, who pays that. All need to be clear in the will.



  • Registered Users, Registered Users 2 Posts: 77 ✭✭covidcustomer


    In my friends case all maintenance costs are borne by her, as she is the one benefiting from the use of the property rent/mortgage free. What she did was open a savings account to cover such eventualities, so far it's worked out well for her, but I agree that this needs to be clarified in the will.



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    Borrow €200 and go to a solicitor and make your will. Be absolutely 100% sure of exactly what you want to put in it and who is to get what. Tell your family exactly which solicitors office the will is in but LEAVE IT AT THAT! Do not discuss with any one what the contents are. Forget about it then.



  • Registered Users, Registered Users 2 Posts: 6,548 ✭✭✭Claw Hammer


    It is not official and would be a mess. The will needs to be witnessed to start with by two witness who must not be beneficiaries.

    Not involving a solicitor is the ultimate false economy. The solicitor is insured and if the solicitor makes a mistake the disappointed intended beneficiary can sue them. Despite being relatively simple many people make mistakes, like any thing people don't do frequently. At certain times of the year solicitor offer to make wills with a donation to charity in lieu of a fee! If you do not have a regular solicitor or haven't dealt with your solicitor in a while you will need proof of identity etc. Make sure to tell people where the will can be found when you die.

    To same time and money the two things to draw up are a latter of wishes which sets out what you would like to happen and a list of all of your close living relatives with dates of birth, dates of marriage and all names by which they have ever been known. You bring your letter of wishes and list of relatives to the solicitor to have the will drawn up in the proper legal form and then have an other visit to deal with the formalities.



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