Farming Legal Advice: The importance of making a Will
The Succession Act provides that irrespective of the terms of a Will a spouse is entitled to a specific share in an estate.
I am in my 40’s and I have no will made. My husband also has no will made and won’t even talk about making a Will or death. He thinks it might tempt fate. However, I came from a family where there was a massive fallout over an estate where no Will was left by my uncle and some family members still don’t talk to one another which makes me sad. I have three children and they all get along and I want to set out my wishes on paper in the hope it might ease the burden for them after I am gone. I am worried about the cost. Is it expensive? What kind of information should I bring with me when I meet a solicitor? What is involved?
Thank you for your query. No one wants to contemplate their own death but unfortunately, it is a certainty in life. One of the kindest and wisest things one can do to protect their loved ones' future and relieve some of the stress after a death is to set out your wishes on paper in a legal document called a Will. Generally, it is not a complicated document to put in place once you take the advice of a solicitor, who specialises in this area.
One could write a will themselves, otherwise called ‘homemade wills’, but I would not advise doing this. Wills are very technical documents and should be drafted by a suitably qualified professional. You will need to think about who will be the executor or executors of your estate. An executor is a person you nominate to administer your estate upon your death.
Before meeting your solicitor it is also a good idea to write down all your assets, the names, addresses and ages of your children and anyone else you wish to leave anything to in your Will. There is no set cost for having a solicitor write your will. The complexity of your estate will determine the cost, for example, where numerous beneficiaries are to be named, a trust needs to be put in place for young children, etc. However, the average cost of the most common Wills is around €200 plus VAT. If you have young children one needs to think about naming guardians to look after children until they reach the age of 18 or 21 years.
Normally people name a sibling and the siblings spouse or partner who have a close relationship with the children.
As you are married, you also need to be aware of what is known as ‘the legal right share’ of a surviving spouse. The Succession Act provides that irrespective of the terms of a Will a spouse is entitled to a specific share in an estate. The size of the ‘Legal Right Share’ in your case would be a one third share of your estate where there are children. Where there are no children the Legal Right Share is one half of the estate. A spouse also has the right to specifically require that the dwelling in which he or she resides is given to the spouse in satisfaction of his/her Legal Right Share.
Once you discuss your wishes with your solicitor, your will can then be drafted and once you are satisfied with it, it can be signed by you and it will need to be dated and witnessed by two independent witnesses.
I know it is difficult for your husband to talk about it but it would also be important for your husband to put a will in place. It is also important to update your Will as your circumstances change, for example, if you acquire a new property, on a divorce, a new marriage, a new child or grandchild, on the death of a beneficiary.
Karen Walsh, from a farming background, is a solicitor practicing in Walsh & Partners, Solicitors, 17, South Mall, Cork (021-4270200), and author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate and family law.
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While every care is taken to ensure accuracy of information contained in this article, solicitor Karen Walsh does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.
