Query on issue on will

faolteam

hi folks so my sister wrote a Will last week and at the beginning she has her address and Dublin 6 then on the third colum same address but they have put in Dublin 8 instead is that an issue on a will

Claw Hammer

https://www.boards.ie/discussion/2058371499/query-on-issue-on-will

Provided it is that the same person is referred to it ought not to be an issue. I would be more worried about what other mistakes may have been made. There was a solicitor sued a few years ago because her secretary typed John instead of Joan on a will and as a result Joan did not inherit under the will.

faolteam

I joe bloggs of bla bla Dublin 6 make this my last Will and testament hereby revoking only my Will made on the 28th August 2023 and specifically not revoking any Will made in relation to property abroad and in particular Italy.

I appoint ?….. and …..as my joint executors and I direct my Executor to pay all or any debts, funeral and testamentary expenses as soon as possible after my death.

I give devise and bequeath my house bla bla Dublin 8 to my nieces namely ?… ?…. As tenants in common.

In the unlikely event of the death of any of my nieces before me, then their share of any such pre deceased child shall pass to their respective children- my grand nieces nephews - in equal shares and if no such children, then the share shall revert to my residuary Estate.

I give my Residuary Estate to my two brothers bla bla in equal shares

rock22

Could there be confusion about which house, if any, in Dublin 8 she is bequeathing to her nieces?

endofrainbow

Was she not given it to proofread before signing?

When I was given mine to sign, I was shocked at the amount of spelling mistakes. For peace of mind, I'd ask them to correct it. Could cause issues down the line.

Claw Hammer

Is that a verbatim copy. I wouldn't be happy with that. It should read my niece x daughter of my sister y born …

The amount of times it turns out that someone has two nieces called x or x is a pet name and there is in fact another family member whose real name is x is unreal.

There is also an error with the use of the phrase pre-deceased child, which from the context should read pre-deceased niece.

I would get it done again and properly, this time.

faolteam

https://www.boards.ie/discussion/comment/122675541#Comment_122675541

The Addresses are the same like : 999 Terenure place Dublin 6

999 Terenure place Dublin 8

So the only difference is the Numerical Number after Dublin

faolteam

https://www.boards.ie/discussion/comment/122676719#Comment_122676719

I was Talking to her today and yes she was it wasnt till later she reliased it was different and the reason it didnt register at the time was the Nieces live in Dublin 8

Claw Hammer

You only die once, so better get the will right.

torrevieja

While it is unfortunate such minor errors/discrepancies are rarely an issue e.g testators can change address many times from that in their Will, even change there name- and in one memorable case their gender- without problems.

GerardKeating

https://www.boards.ie/discussion/comment/122678651#Comment_122678651

I would get the Post code corrected, or even get the eircode included. If it's Ternenure Road, it might be fine, but a few road names are repeated across the city, and that might make a different. For example there are two houses with the address "20 howth road" in Dublin, one each in Clontaft and Sutton,.

Claw Hammer

https://www.boards.ie/discussion/comment/122689185#Comment_122689185

There is no point in waiting till a person is dead to find out for sure if there will be a problem or not.
The best thing anyone making a will can do is have as much clarity as possible. I know of a case that went on for years because a woman left a field to he grandson "Sean". It turned out she had two grandsons called "Sean". The solicitor who drew up the will was sued and then there were subsequent cases in the courts for years afterwards.
What might seem obvious to the people looking at a will today might not seem so obvious when someone else sees a way to attack the will when it is granted probate.

Oscar_Madison

https://www.boards.ie/discussion/comment/122680569#Comment_122680569

totally - I’ve seen terrible will wordings in the past - shame on the solicitors who facilitated these as yes indeed all the wills I saw were facilitated by solicitors.

I also saw very little advice reflected around inheritance tax - like giving all to just two parties when in fact had their immediate family members been included like husband or kids, it would have reduced down the inheritance tax paid a little and given even more money ultimately to them

3DataModem

I saw a will recently that had a relative named incorrectly e.g. "I leave my house equally to my nephew Jim, my neice Amanda, and my nephew Jack"… when in fact the third person was actually a niece called Jackie, the idiot solicitor misread the list of named in drafting and it was not picked up on signing.

It was picked up during probate and effectively the error was accepted by the probate process. Thankfully there wasn't some unknown kid on the side of one of the other siblings who could have changed their name to Jack and made things very difficult.

Claw Hammer

The above is why I recommend writing my nephew Jack daughter of my brother Joe born on «<. In preparing to make a will a full list of persons actually or potentially included should be drawn up. Full names, nick-names, married names and dates of birth should be included. This is the case even if someone is not going to inherit. E.g. My brother Joe has 3 children Tom Dick and Harry.
I leave x asset to my nephew harry son of my brother Joe. Tom and Dick can't complain of an oversight in that situation.