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 at the same time. 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.The will may be written many decades before the Testator dies, therefore care must be taken to properly deal with the assets. Of course, if someone’s circumstances change due to a change in their wealth or their family circumstances they should review their will. All wills have a clause which revokes (cancels) their prior wills. Therefore it is very simple to change an earlier will by simply writing a new will which revokes the prior will and sets new instructions in place. 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 take into account 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 fully 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 wills were produced on hand typewriters. The rules for amending or adding to a will are a repeat of the first execution of the will but different witnesses may be used. 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 prior to death. However, if the circumstances warrant a copy of the original will showing that it was signed may still be possible to prove the copy.