Please Don't Make A Will
Posted on 12th September 2018 at 17:18
Please Don’t Make a Will
This may seem strange advice coming from a solicitor but in actual fact our profession make far more money out of people who don’t make Wills than people who do.
If you don’t make a Will, your estate is divided according to the provisions of the Succession Act 1965. If you are single and have parents your estate will go to them. If you have no parents but brother and sisters your estate will go to them in equal shares. If you are married with no children and don’t make a Will, your wife will inherit everything. If you are married with children and you don’t make a Will, your wife will inherit two thirds of the estate and the children will inherit one third between them.
If you are married and make a Will, you only have to leave your wife half the estate and you can leave your children such assets as you think is sufficient provision for them.
As you can see if you don’t make a Will the opportunities for conflict and dissent within your family are immense. Furthermore, any child you may have had can always make an application to the Courts under Section 117 of the Succession Act for a share in your estate on the basis they have not been provided for. Making a Will enables you to make provision for them but at the same time explain the reasons for your actions. In recent cases we have had in this office, children who were not mentioned or not properly provided for have received up to half of the estate.
So, as you can see, not making a will almost always create dissension and disputes and we as lawyers make far more money out of dissension and disputes than we do out of properly managed estates.
Finally, an equal source of income for solicitors are homemade Wills. The vast majority of them are incorrectly drawn up and involve a court application to have the court approve what it was the person making the Will intended to say. This of course eats substantially into the estate as it involves further costs.
We at Marcus Lynch will be delighted to help you make your Will. We charge €150+ VAT for a standard Will and will give you a clear and concise quote for any Wills which may have somewhat more complexity in them.
So, in jest we are advising you not to make a Will. In reality, it is essential for the peace of mind for you and your family that you make a Will ensuring that your wishes are followed.
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