Making a Will is reasonably straight forward
With the increase in property values and earning power, the value of people's assets particularly after death when most mortgages would be paid off by a Life Assurance Policy has risen dramatically. Making a Will is reasonably straight forward and we at Neil J. Butler & Co., encourage all of our clients to make arrangements for their family through the medium of a Will. We also actively encourage people to feel free to change their Will should circumstances or their own wishes require.

Briefly, anyone who is over 18 years of age or has been married and is not suffering from a mental illness can make a Will.

The Will must be signed by the person making the Will and that signature witnessed by two other independent people present at the same time and as each other.

You should not leave anything in a Will to a witness as it may pose problems for the capacity of that witness to take the bequest later.
You should be able to nominate at least one Executor but preferably two. These are the people who will ensure that your assets are gathered in a proper form and that the wishes you set out in your Will are fulfilled. These people are usually assisted by your Solicitor and accountant where appropriate. They should be people whose judgment you trust and with whom you are comfortable in that they will be handling issues at a most sensitive and difficult time for your family.

It is important to be precise as to your wishes and intentions for the obvious reason that you cannot be asked about your actual intentions when your Will is being read, after your death. This is one of the central reasons as to why it would be important to speak with a professional such as a Solicitor before making your Will. We at Neil J. Butler & Co., attempt to minimise the possibility of disputes happening by having a full discussion with you as the client in the hope that the questions we pose will clarify your thinking and afford you the opportunity of preparing your intended beneficiaries, if that be your wish. You are not completely free to do what you wish with your assets. If you are married you have obligations imposed by the Succession Act, 1965.

If you have children there are further obligations to be considered. Professional advice is vital if your Will is not to be contested later.

The position of spouses is particularly strong in that even if you leave him or her a bequest in your Will they can still take more than that if the value of your bequest is not the same as their legal right under the Succession Act. You can avoid this situation by means an Ante- Nuptial Agreement or by an Agreement made with your spouse during your life time. In all cases you should seek advice on this course of action so that it might not be attacked later on the grounds of duress.

What happens after my death?
If your Will has been made with your Solicitor, he would usually retain the original. After an appropriate time he would contact the Executor named in the Will. That person has the legal obligation, if he chooses to act, to administer the Estate. This involves instructing the Solicitors to take out a Grant of Probate. This process in turn involves making certain returns to the Revenue Commissioners, detailing all of the assets owned either solely or jointly together with details of the bequests made in the Will. Thereafter, application is made to the appropriate office of the High Court in order to have the Grant of Probate itself issued. This is a document which confers power upon the Executors to transfer proper by way of sale or otherwise and to complete the wishes of the deceased. Once all of the wishes have been dealt with and Tax Returns made with clearances on the file, the Estate can be taken and wound up. It can be a lengthy process depending on the extent of the Estate and its complexity.

It should be noted that in the absence of a Will, matters can be even more complex. Good preparation can often mean a simpler and speedier procedure after death. Anything that eases the burden on the family or relatives left behind, must be deemed worthwhile. It allows for good preparation and use of the present Tax Code and exemptions and minimises potential conflicts.

We, at Neil J. Butler & Co., provide a full service of advice on the making of Wills and administering Estates and can also assist in situations where no arrangements have been made and sudden death occurs.

For further information please contact us at neil@njbutler.com