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WILLS - DO’S AND DON’TS

Question: What must I put in my will?
Answer: You have complete freedom to include whatever you want as your Will is unique to your circumstances and wishes

Question: What should I put in my will?
Answer: We have tips to help, and know the traps to avoid: Speak to Kelly Colfer Son & Poyntz, Solicitors on 051 421212 or info@kellycolfer.ie

We can help.

WILLS
Question: What is a Will?
Answer: A Will is a Declaration in writing of your wishes providing for the distribution of your property after your death.

 


Question: What is a Codicil?
Answer: A Codicil is a supplement to a Will which you use to alter or add to the Will.


Question: Is there a standard Will?
Answer: No, your Will is unique to your circumstances and wishes.


Question: When does a Will take effect?
Answer: From the death of the Will maker.


Question: Can a Will be revoked/declared Null and Void?
Answer : Yes, by the Will maker in the following ways:-
(1) By subsequent marriage unless made in contemplation of that marriage
(2) By another Will or Codicil
(3) By a written Wish/Declaration executed like a Will (A Revocation).
(4) By burning, tearing or destruction of a Will by the Testator or by
somebody in his/her presence and by his/her direction and with intention to revoke.
(5) By Order of High Court.

Unusual Feature:
A feature of a Will is that it cannot be made so as to be irrevocable. They can only be revoked in the ways set out above.


Question : Can a Will be changed?
Answer: Yes:
(1) By another Will
(2) By a Codicil.
(3) By a Revocation.


Question: What are the requirements for a valid Will?
Answer:
(1) The Will must be in writing
(2) The Will Maker (Testator) must be over 18 years of age, or be, or have been
married and
(3) The Testator (Will Maker) must be of sound disposing mind and
(4) The Testator must sign his/her name or make his/her mark or acknowledge
his/her signature in the presence* of 2 Witnesses, present together and
(5) The signature or mark must be at the end of the Will and
(6) The 2 Witnesses must sign their name in the presence of the Testator.
(7) An acknowledgement of his/her signature by a Witness is not sufficient.
Presence means visual presence


TESTATOR/ TESTATRIX
Question: What is a Testator?
Answer: A Testator is a male who makes a Will


Question: What is the Testatrix?
Answer: A Testatrix is a female who makes a Will


EXECUTOR/ EXECUTRIX
Question: What is an Executor/Executrix?
Answer: An Executor/Executrix is a person named in the Will by the
Testator/Testatrix to regulate/oversee the distribution of The Testator’s property after
death.


Question: Can there be more than 1 Executor/Executrix?
Answer: Yes.


Question: Can I appoint a Substitute Executor/s?
Answer: Yes.


Question: Can an Executor be a Beneficiary?
Answer: Yes.


Question: Can an Executor be a Trustee?
Answer: Yes.


Question: Are there limitations on who can be an Executor?
Answer: Yes.
(1) The Executor must be over 18 years and
(2) Not suffering from any legal disability


BENEFICIARY
Question: What is a Beneficiary?
Answer: A Beneficiary is one who benefits under the Will or from the distribution of
your property after your death.


Question: Can a Beneficiary be an Executor?
Answer : Yes.


Question: Can a Beneficiary be a Trustee?
Answer: Yes.


Question: Can a Beneficiary be a Witness?
Answer: Yes.


TRUSTEE
Question: What is a Trustee?
Answer: A Trustee is a person who holds property as its nominal owner for the good
of one or more Beneficiaries.


Question: Can there be more than 1 Trustee?
Answer: Yes.


Question: Can I appoint a Substitute Trustee/s?
Answer: Yes


Question: Can a Trustee be an Executor?
Answer: Yes


Question: Can a Trustee be a Beneficiary?
Answer: Yes.


WITNESS
There are no age limits for Witnesses but since they may be called upon to give
evidence, they should neither be too young or too old.
Each Witness must sign their name in the presence of the Testator.


Question: Can the Witness be an Executor?
Answer : Yes.
Each Witness must sign their name in the presence of the Testator/Testatrix.


GUARDIAN
Question : What is a Guardian?
Answer: A Guardian is a person who is legally responsible for the care of someone
who is unable to manage their own affairs, typically a child whose parents have died.


Question: Can there be more than 1 Guardian?
Answer: Yes.


Question: Can I appoint a Substitute Guardian?
Answer : Yes

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