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Will My Will Be Legally Binding?

By : acelegal, December 16, 2016

Probate Solicitors CorkA will should be the means by which an individual expresses their wishes for their property and assets after their death, and if drafted correctly, it should be legally binding. However, there have been recent challenges to the legality of wills which have disinherited children in favour of leaving all property and assets to charities, and in some instances, these have been seen to provide grounds for the will being overturned.

Here at Irwin, Kilcullen & Co Solicitors, we specialize in wills and probate, and we can help you to make sure that your will is not written in a way that can be queried after your death. We can also help you if you feel that you have cause to challenge a will. Talk to us to find out more about whether you have a valid case to take forward, and rest assured that your best interests will be served.

How Can I Avoid Problems With My Will?

1. Consult will and probate solicitors. Making a DIY will, or drafting a will without the guidance of a wills and probate solicitor, could leave you open to having your will challenged in the future. You should be clear about exactly what provision your will makes for your loved ones, and make sure that your wishes are clearly demonstrated in the final document.

2. Explain your decisions. If a will is challenged, the court will look to the original document to verify the claims made. In a recent case, a decision was made to award a portion of the estate to the family of the deceased despite the will allocating the whole estate to a charity, since it was argued that the deceased had an insufficient connection to the charity in question. Making your will clearer by explaining or justifying your decisions could help to ensure that your wishes are respected in the event of a dispute over your will.

3. Talk about your will. In order to prevent problems and challenges to your will, it can help to discuss the provision you have made with your family and friends. If your loved ones are aware of your wishes, they are much less likely to raise a challenge to your will in the event of your death. Any special bequests or gifts that may be unusual or unexpected by your family should be discussed in advance so that these do not come as a shock and prompt legal action.

Find Wills & Probate Solicitors in Cork

Here at Irwin, Kilcullen & Co Solicitors, we specialize in wills and probate law. Our experienced solicitors will help you to plan your will and draft it for you to ensure that it cannot be challenged due to legal inaccuracies. Simply contact us online or call us today on +021 4270934 to see how we can help.