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Making a Will gives you the power to provide for your loved ones in the manner you feel is most appropriate after your death.

The most important features of a will are that it allows you to decide who gets what and determine who will administer your estate.

When you fail to make a Will means, you lose control over the manner of the distribution of your assets and administration of your estate which are then determined by the Succession Act 1965.

It is important that you speak to a solicitor when considering making your last will and testament in order to ensure that your wishes are legally enshrined so that your loved ones are provided for as only you determine, when you are gone.

The drafting of Wills is a specialist skill at McElhinney & Associates Solicitors. We ensure that all the statutory formalities are complied with to guarantee that your Will is valid and that the testator’s wishes as expressed on paper are complied with. Your loved one’s futures are in safe hands at McElhinney & Associates Solicitors.

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Making a Will
Making a Will

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What Is A Last Will And Testament?

Your last will and testament is a legal document which sets out your wishes regarding your assets and dependents.

Completing this document correctly is probably the most important thing you will ever do for your loved ones as it clearly and legally states who will take control of your possessions and who will care for your children, pets or other dependents when you pass away.

Wills do not only apply to people who have significant assets and wealth, they are equally important to all people who have responsibilities as well as assets. In particular, if you are the parents of young children, your Will can set out the legal arrangements for the appointments of guardians and trustees in the event that both parents should pass away.

Your Questions On Making A Will Answered

Yes. Everyone should make a Will to legally enshrine your wishes on who gets your assets and who cares for your dependents.

If you die without making a Will it gives rise to an intestacy situation. This results in your possessions and the administering of your estate being handled in accordance with the Rules of the Superior Courts and the Succession Act, 1965. Under the Act, the law provides that your spouse or civil partner is entitled to your entire estate where there are no children. If you had a spouse or civil partner and children, your spouse or civil partner will receive two thirds with one third going to the children. If you do not have a spouse or civil partner, your entire estate will be left to your children. Where children are under 18 years, the appointment of trustees is necessary. Where a child of yours dies before you and leaves their own children, leaving children, then your child’s children receive their parent’s share.

Where you have no spouse, civil partner or children, your own parents will receive your entire estate. Where both parents are deceased, your estate is divided between your siblings. Where a sibling dies before you and leaves children, then your deceased sibling’s children will be entitled to their parent’s share.

Anyone who is over the age of 18 should consider making a Will. You can make a new will as many times as you like throughout your years. However, the only valid will is the most recent to your death. Any previous wills will have no legal standing.

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