The person making the will must have mental capacity (Testamentary Capacity). The will must be signed first and then witnessed by two witnesses; all present simultaneously. The persons who receive under the will are called (Beneficiaries). A beneficiary cannot also be a witness- if they do, then the bequest is invalid.
The Testator must also be aware of their legal right to spouses, civil partners and children. Any failure to take these into account may result in a challenge to the will. As the date of death may be long after the will is written, you do need to deal with the known assets and potential assets. Of course, if someone’s circumstances change due to a change in their wealth or family circumstances, they should review their will. All wills have a clause that revokes (cancels) their prior wills. Therefore it is straightforward to change an earlier will by simply writing a new will that revokes the prior will and sets new instructions. There is no limit to the no of times a person can revoke their will.
We will charge a minimum of €200.00 for a Will for a single property and without multiple families. We will send you a full questionnaire to help you identify the factors you must consider when writing your will. When you send us that information, we will draft your will and sent it to you for review. We will discuss any changes or additions you wish to make at that stage. When you are satisfied with the draft, will we then arrange for signing?
The strict rules governing the creation of a will may be relaxed if the circumstances in which the will is made warrant. The current Covid 19 pandemic is a special circumstance. It is also possible to change or add to a will, and this was more common in the past when people wrote wills in longhand or used hand typewriters. The rules for amending or adding to a will repeat the first execution of the will, but with different witnesses. Usually, people make a new will rather than add or amend an older version.
If the Original will is destroyed, there is a presumption that the deceased revoked the will before death. However, it may be possible to prove the copy depending on the circumstances of how the original was destroyed in the first place.
When you have written your will with Coyne Solicitors, or even if you are not a client of the office you may store your will in our partner Deeds Storage company.