Wills FAQs

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FREQUENTLY ASKED QUESTIONS

Q. I want to make a will what should I do?
A. Firstly you should contact Malcomson Law to arrange an appointment at our offices to give instructions.

Q. Why Should I make a will?
A. By making a will you control who it is that benefits when you die. If you do not make a will, the intestacy rules will apply. These will decide who benefits from your death. So if you don't make a will there is the strong possibility that a relative that you don't get along with will be equally entitled to take a share in your estate as your favourite brother or sister.

In addition, by making a will you decide who it is that is responsible for looking after your affairs. This can avoid unnecessary conflict amongst family members.

Finally, from a practical point of view, it is usually much easier to deal with a testate estate. There is not as much paperwork required as there is when you are dealing with an intestate estate.

Q. Once I have made my will can I change it?
A. Yes, you can change your will at any time. You can do it in two ways, by adding a codicil (which is an addition to the existing will), or by revoking your previous will and making a fresh one.
At Malcomson Law we recommend our clients to make a fresh will rather than codicils, as it cuts down the risk of the codicil being mislaid, and your final wishes not being carried out.

Q. How often should I review my will?
A. There is no hard and fast rule on this one. We recommend that a will should be reviewed annually, in particular after the Government's Budget, to ensure that any tax minimising devices in the will are still effective.

If you have experienced any life changing events, such as buying a house or the birth of child, you should check your will to make sure it still meets your needs.

If you get married, this invalidates a will unless the will was made in contemplation of the marriage. So if you have gotten married recently, it would be advisable to make a fresh will.

Q. Who should I appoint as Executor?
A. You should appoint somebody who has common sense and who can cope with pressure. It should ideally be somebody who is young and healthy (for obvious reasons there is very little sense in appointing an elderly person as executor ).

It is also a good idea to appoint somebody who is living in Ireland as it can lead to delays sending paperwork abroad for signing.

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Q. How many Executors should I appoint?
A. We normally advise people to appoint at least two executors in case one person can't act, and not more than three as otherwise it becomes very difficult getting paperwork signed by all concerned.

Q. Should I specify my funeral arrangements in my will?
A. The short answer here is no. Usually a funeral has already taken place before a will is read, and at the risk of sounding flippant, it can be quite embarrassing for an executor to read in a will that the Deceased wished to be cremated and their ashes scattered off Howth Head, when the Deceased has already been buried in Glasnevin Cemetery. The wisest course is to make your wishes known to your nearest and dearest.

Q. Can I not just use the pre-printed will forms that you can buy in the Shops?
A. Yes, you can. However, in the majority of the cases, these are queried by the Probate Office as the layout is incorrect. These forms are short, and because you are limited by space, you may not be dealing with your affairs fully.
Making a will has very wide ranging consequences and you should be fully advised before taking such a step.

Q. A relative has just died and I am his executor. What should I do?
A. At Malcomson Law we can help you every step of the way. The first thing to do is to contact us for an appointment to come and discuss matters. We will explain to you the steps involved. When calling to office for the first consultation, you should bring the following:

• The original will if it is not already held by Malcomson Law;
• A copy of the deceased's death certificate if available;
• If possible, a list of the deceased's assets, ie details of bank accounts, insurance policies etc.;
• Details of the deceased's PPS (RSI) number;
• Addresses of the other beneficiaries (if any);
• Details of funeral expenses and any other liabilities attaching to the estate.

Quite often the hardest part of administering an estate is gathering together all the information and the assets. It makes the process much quicker if we are furnished with as much information as possible at the outset.

Q. Is it always necessary to take out a grant of probate?
A. It is not always necessary to take out a grant of probate. At Malcomson Law we can advise you fully as to whether it is necessary to take out a grant or not.

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Seeking Private Client Advice

For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in the area of Private Client.