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Why Do I Need A Will?

By : acelegal, September 10, 2018

A Will is a legally binding document that is used to determine how a person’s estate and property will be distributed after his or her death. This is the best way to ensure that your wishes will be followed after your death, and it must be written clearly so that there is no possibility of it being contested in the future.

It is possible to write your own Will, but if you do not seek legal advice this may not be watertight. We would always advise that the best way to make a Will is through an experienced Wills and Probate Solicitor, who will ensure that it is written and witnessed properly, to avoid any future problems.

How Can I Make A Will?

  1. The most straightforward way to make a Will is to consult an experienced Solicitor, who will ensure that your wishes are represented clearly. A Will will usually begin with a declaration of your identity and your intention to make a Last Will And Testament, and will then detail your intentions for your estate, your assets and any dependent children you have. The Will will be witnessed by two independent witnesses, who are not included as beneficiaries, and will usually be kept in safe storage with your Solicitor, although you can keep a copy at home.
  2. You will need to appoint executors, and guardians if you have dependent children, and these will be responsible for administering the estate according to your Will. This can be a long and complex process, so it is important to choose carefully, and to discuss this in advance.
  3. Your Will should be very clear, to avoid any challenges in the future, and should detail all beneficiaries and what they will receive. You can select, for example, the age at which your children can receive their share of your estate, and the way in which your property should be divided. Individual gifts can be allocated in the Will, or in a letter stored with the Will, which allows you to more easily make amendments to this in the future.
  4. If you are making a Will as a couple, you will usually leave everything to your partner in the first instance, excluding specific gifts. You must keep your Will updated to reflect any changes in your circumstances, and be aware that if your spouse were to remarry after your death, your property would belong to him or her and the new spouse entirely, and would not necessarily pass to your children in the future.

If You Do Not Make A Will

If you do not make a Will, you will be declared intestate in the event of your death. This will mean that your estate is allocated according to the rules of intestacy, which provide that your next of kin becomes the administrator. This means that your wishes will not necessarily be represented, and your assets will be given to your nearest living relative, whether or not you have ever had contact with him or her.

Find Wills And Estate Solicitors in Cork

If you do not have a Will, or you wish to find out how to contest the Will of a loved one, you can talk to our Wills and Probate specialists at Irwin, Kilcullen & Co Solicitors. Simply contact us online or call us today on +021 4270934 to see how we can help.