Seven in ten people
in Ireland do not have a valid Will and over a third of over 55-year-olds have
not put their final wishes in writing. Making
a Will is on most people’s to-do list, but it is all too often put off until
‘tomorrow’. People find the concept of
making a Will very daunting and in practice it is very straightforward.
Partners, we make the process of planning your estate and making a will as easy
as possible. Our team of highly
experienced and approachable Solicitors provide dependable and reliable wealth
protection advice and always take the time to discover your unique needs;
creating solutions tailored to the requirements of you and your family.
Why do I need a Will?
While for many,
a Will is seen as an optional obligation, in practice it is truly an important
document which clarifies matters relating to your estate and inheritance upon
death and is an invaluable tool in spreading your wealth. It allows you to retain control over how your
assets are divided after your death and provides certainty to your loved ones
as to your final wishes.
incorporate trusts and are particularly useful where you have minor children.
Guardians can be appointed to look after minor children. A trust can further
protect your children from inheriting in one lump sum at a young age and
trustees can be placed in charge of the trust to ensure your children are
provided for adequately without giving them more money than they may be
equipped to manage at a young age. There
are many different trust structures that can be put in place to ensure your
situation is provided for.
Having a valid
Will ensures those you leave behind are not left with doubts regarding your
final wishes. It ensures your children
are cared for by someone you know and trust, and those you love will benefit
from your wealth.
What happens if I die without a Will?
If you do not
make a Will, you will die intestate. This means your estate will be distributed in
accordance with the law and these rules are set out in the Succession Act 1965. This can lead to added stress for your family
at an already difficult time and result in your estate not being distributed as
you may have wished. It may mean that wealth is not spread in order to avail of
the maximum tax free thresholds and particular people are not adequately
Our team are excellent listeners
and will offer suggestions and ask you the right questions to ensure your wishes
are clearly reflected in your Will. And
when the time comes for your Executor to apply for Probate, we will ensure the
process runs smoothly.
What constitutes a valid Will?
For a Will to
be valid in Ireland it must:
by the Testator (or by someone in their presence and under their direction),
by two witnesses in the presence of the Testator
the Testator must be:
18 years (or be or have been married)
from undue influence
The best way to
ensure your Will is valid is to sit down with one of our team and discuss your situation. They will ask questions which you may not
think of yourself, such as who you wish to appoint as guardians for your
children and whether you wish to set up a Trust for their financial provision.
Why choose Lavelle Partners to assist you with estate planning, Wills and Probate matters?
it comes to Wills and Probate, we are sensitive and compassionate in all our
we have experience in dealing with a range of diverse situations in our many
years of legal practice, we know the right questions to ask to ensure your Will
covers all the areas it should to fully reflect your wishes. For example, we will not forget to ask about items
of sentimental value.
Morrow is currently studying for her Diploma in Trust and Estate Planning (Law
Society and STEP) 2004.
For further information regarding estate planning
and Wills in Ireland, please contact Lavelle Partners in confidence on (01) 644