Making Wills - spouses

Cycle2352

Having approached 3 different local solicitors - 2 of whom were not interested, & 1 of whom has never been in touch with drafts - we now wish to make our own wills. We already have executors - each of us for the other, should either one outlive the other, & a married couple friends should we go out together. Our estate will be very small, so theoretically, & with no children to provide for, this should be simple enough. Any on-line or paper will forms we might use?

NUTLEY BOY

A solicitor will advise you on what you can and can not put in a will and ensure that it is correctly executed. Persist in getting one.

I would place no reliance on DIY stuff when it comes to wills. You could end up with unintended consequences. Better to have it drafted professionally.

Deeec

https://www.boards.ie/discussion/2058309837/making-wills-spouses

I think you may be overcomplicating this - no way would any solicitor not be interested in drafting your will. Its simple and low cost. Go to your local solicitor and state you just want to make a simple will. Is it possible you are not explaining yourself properly when you have contacted solicitors before - I find it very hard to believe that they were not interested in this work.

Jim_Hodge

I can't understand why solicitors weren't interested. It's a simple will. Is there some cross purposes causing confusion here? Any solicitor will draft a will.

brownej

Do you even need a will?

If its very simple and you just want each to inherit the others estate then this is the default option anyway without a will. If there are children then the children get a third and the spouse gets 2 thirds.

Even with a will the spouse has an entitlement to half the estate no matter what the will says unless they renounce their share.

https://www.citizensinformation.ie/en/death/the-deceaseds-estate/what-happens-the-deceaseds-estate/

893bet

I wrote my own and signed it at home. As long as there is not something strange to the will (so that someone could contest it) then there is little to no risk

brownej

https://www.boards.ie/discussion/comment/120996557#Comment_120996557

Was it properly witnessed?

893bet

https://www.boards.ie/discussion/comment/120996570#Comment_120996570

Yes. Two witness.

Cycle2352

Thank you to everyone who responded. We actually contacted more than 30 firms - most of whom were either not taking on will making (during COVID lockdown) or not prepared to draft wills for us living in the far West. We also went to our local firm, which had already done work for us in the past (yes, we paid them on time, without quibble), & never had a call back, though we chased them twice. Then there was the firm who quoted us an exorbitant fee, because they were based up in county Donegal, & so would have travelling expenses. And then the local firm which gave us advice, took our instructions & promised to send us drafts by e-mail, & post, within 2 weeks. Ha! Never happened, though I phoned & e-mailed to chase them. Hence our decision to do it ourselves.

Our estate would be worth less than 100k - probably less than 50k, so paying more than 500 for joint wills is more than we can find.

So, after all that explanation, can I ask brownej if you can send me a redacted version of your will? We know that the legal position is different to UK, but honestly how hard can it be.

We explained our wants & needs well & surely, a solicitor would contact us to clarify.

wildwillow

Look up making a will for free. Usually happens during May in Ireland and is free for over 55s.

As your estate is small a simple wording leaving everything to the other will probably suffice. If there is no one to object probate should easy.

Many solicitors make their money from probate and yours wouldn’t warrant a large fee. I had to argue with my solicitor over probate for my husband’s will. He wanted a percentage of the estate which was a very high charge. Fobbed me off to a junior partner, who was actually more efficient and charged a fix agreed fee.

The survivor can then decide what they want to do with their estate.

Cycle2352

This explains our difficulty with getting anyone to act for us - especially as we have friends who have agreed to act as executors, so no need for the solicitor to do so, & get any funds from our estate.

Thank you to everyone for the answers.

coylemj

https://www.boards.ie/discussion/comment/120999402#Comment_120999402

Contacting more than 30 firms of solicitors in an attempt to make a will to cover an estate worth less than 50K is just time wasting. Why would you even bother making a will?

If your intentions are to will to each other then (as has already been pointed out), that will happen by default anyway if neither of you makes a will. If you die intestate with a spouse and no children, the spouse inherits your entire estate.

csirl

Think carefully about chosing your executors. Not a good idea to chose someone of the same generation as yourself. They'll very likely be infirmed, got dementia, or the myriad of other medical conditions that old people have by the time you pass away - if they are even still alive - if you live into you 80s/90s or beyond. Go with someone who'll still likely in their full health when you will be in 80s plus.

Spook_ie

AFAIK the only thing you would need to worry about is if you both die in an accident of some kind at the same time, make a provision for this in the will ( Dogs home, fav charity whatever ) and you should be fine to go