Offaly Solicitors, Thomas W Enright Solicitors
Offaly Solicitors, Thomas W Enright Solicitors
  • Home
  • Contact
  • Solicitors Conveyancing Quote
    • Free Online No Obligation Quote Property Sale
    • Free Online No Obligation Quote Property Purchase
  • Services
    • Wills, Probate and Estate Planning >
      • Making a Will
      • Contesting a Will
      • Administration of Estates
    • Accident and Personal Injury Claims
    • Farm Transfers and Agricultural Law
    • District Court
    • Family Law
    • Commercial Law
  • Notary Public
  • About us
  • Blog
  • Home
  • Contact
  • Solicitors Conveyancing Quote
    • Free Online No Obligation Quote Property Sale
    • Free Online No Obligation Quote Property Purchase
  • Services
    • Wills, Probate and Estate Planning >
      • Making a Will
      • Contesting a Will
      • Administration of Estates
    • Accident and Personal Injury Claims
    • Farm Transfers and Agricultural Law
    • District Court
    • Family Law
    • Commercial Law
  • Notary Public
  • About us
  • Blog

thomas w enright solicitors
​
​blog

Video - Making a Will

15/3/2018

0 Comments

 
Picture
​For this edition of our blog we've posted a short(ish) video guide called 'Some things you need to know when you are making a will'.

The video outlines the main issues you and your solicitor will need to discuss before you make a will.

It explains the role of executors and trustees and the appointment of guardians as well as giving a quick overview of the various restrictions on the freedom of testation, the legal requirements for a valid will as set out in the Succession Act 1965 and the various reliefs and exemptions from inheritance tax that are available. 

​We hope you find it helpful.

Why make a will?

 When a loved one dies, things can be difficult for those they have left behind. Matters can be made that much easier if the deceased person has made a will setting out their wishes as to what is to happen to their property after their death.

If you die without having made a will then, essentially, the law makes a will for you and your estate will be divided according to what are called the "rules of intestacy". These are set out in Part VI of the Succession Act 1965.

If a person dies without having made a will, the distribution of their estate will depend on their civil or marital status and whether they have children, grandchildren or other issue. If they are not married or do not have a civil partner or issue then their estate will be distributed between their next of kin in accordance with the rules of succession set out by law.  

Briefly, if "an intestate" dies leaving a spouse and no children, then their spouse takes their entire estate.

If they die leaving a spouse and issue, their spouse takes two-thirds of their estate and their issue take one-third between them. If all the issue are in an equal degree of relationship to the deceased (e.g. if they are all children of the deceased) then they will share the one-third equally between them. If all the issue are not in an equal degree of relationship, the distribution will be what is called per stirpes. Say, for example, a deceased intestate husband and father had two sons and one daughter, the latter of whom died before him leaving her own children, then those children, the grandchildren of the deceased intestate, would take their late mother's share of their grandfather's estate between them, with the two surviving sons of the deceased intestate taking, as surviving children, the remainder of the one-third equally between them.

If the intestate dies leaving issue but no spouse then the whole estate is distributed between the issue, in equal shares if they are all in the same degree of relationship or, if not, per stirpes.

If there is no issue or spouse then the distribution depends on the degree of blood relationship.

All this shows that if there is no will, matters can become complicated very quickly. 

​If a person with, for example, a spouse and minor children dies without having made a will, the burden placed upon the surviving spouse is that much greater. One of the difficulties that frequently arises is that the surviving spouse can only deal in their own right with two-thirds of their late spouse's property;  the other third to which the infant children are entitled must be held in trust until the children reach the age of eighteen. Complications of this sort - and the additional costs and burdens associated with them - can be avoided by simply taking the time to make a will.

A will enables a person to deal with their succession in a planned way, taking account of the needs of their spouse and children and any other loved ones or next of kin. 

The will needs to express clearly the deceased person's intentions, it needs to observe the technical requirements of the Succession Act and it should take into account the various legislative restrictions on the the freedom of testation. It should also try to minimize tax liabilities.

In order to ensure that all these issues are properly considered, anyone making a will needs to consult a solicitor or, better still, a solicitor who is a member of the Society of Trust and Estate Practitioners, an international society of experts in inheritance and succession planning, the administration of trusts and estates, and associated taxes.


0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Author

    Ken Enright

    View my profile on LinkedIn

    Archives

    March 2020
    August 2019
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017

    Categories

    All
    Agricultural
    Family Law
    Office
    Personal Injury
    Probate And Succession
    Residential Property

Proudly powered by Weebly