It is extremely important for everybody to make a will. It is simple, fast and inexpensive. When you are drafting your will with us, we can provide you with invaluable advice based on our experience, and can draw up a will specifically tailored to suit your needs based on our large bank of template wills on our computer system. Generally, it takes only a few minutes to make a will with us. We also have a computerised wills register. All wills held by us are confidential to the maker of the will until that person dies. We hold the will in one of our specially constructed strong rooms as a free service to our clients.
A Will is a written legal document allowing you to decide who is to benefit when you die. Otherwise, the Law decides your beneficiaries; and it is as follows:
(a) If you are married and have no children, then all your assets go to your spouse;
(b) If you are married and you have children, then two-thirds of all your assets go to your spouse and one-third is split amongst your children;
(c) If you are single, then your assets go to your parents, and if they are dead, then equally between your brothers and sisters.
The benefits in making your own will are:
– You pick your beneficiaries;
– You choose who looks after your funeral and your affairs;
– You may need to protect someone vulnerable in your life e.g. adult with special needs, or addiction problems; A will allows you to do this.
– Protection for children under 18. Even if you don’t have any money/assets, ask yourself, who will be their guardians if you have no will? Important if 2 parents die or in separation cases or for a single parent;
– Allows for tax planning
– Allows for continuity of a business or farming enterprise;
– No Will, usually involves more legal costs so less money for your beneficiaries.
HOW TO MAKE A WILL & WHO SHOULD
– Buy one in a bookshop and fill in blanks- this is full of pitfalls.
– Go online – this can be confusing to follow.
– Go to your Solicitor, (or better still contact this solicitors firm based in Kilkenny and get us to do it for you!!)
– Anyone over 18 years and of sound mind can make a will;
FREQUENT QUESTIONS about wills
– Write your questions + bring them to your meeting with the solicitor
– Wills are confidential ‘til death;
– Wills are not fixed. Can be changed anytime;
– Best not to keep original Will at home. Could get lost. Could have controversial contents;
– Tell someone you made your Will and where it is. No need to disclose its contents;
– You are free to deal with your assets ‘til you die e.g. “I give the red car to Mary” does not mean that you can’t ever sell the red car.;
– For sentimental items and minor value items, do up your own list and give to Solicitor;
– Always have a list of your assets at home;
– Spouses + civil partners rights. There is a legal obligation to leave something to your spouse/civil partner. They are entitled to what is known as a “legal right share” = their minimum entitlement = ½ of the estate if no children and 1/3 if there are
– Children and cohabitants rights = do not have an automatic entitlement to a specific share but have rights to seek redress in the courts if they can show they were not looked after during their life by deceased.
– Review your will every 2-3 years;
– Pick someone you trust as your Executor and ask them. Preferably younger than you;
– I’ve no cash but want to leave cash to some people. Could leave property to A with conditions to pay B, C and D €X each;
– I’ve had a stroke. Can I make a Will? Simple answer is “yes” if your doctor says you can.
– We see clients who make wills on their own; even where its husband and wife.
– I am unable to travel to Solicitor. Let us travel to you!