LegalEagleStar

… a kind of Legal Column

DANGERS OF HOME MADE WILLS.

leave a comment »


Q.    I   HAVE  HEARD   that it is possible to make your own Will. My neighbour said that it’s easy to do it yourself.  What do you think?

I want to save money but still want to do the right thing.  Help please.


A.    IT  IS  POSSIBLE to draw up your own Will without using a Solicitor but you have to be very careful as there are many pitfalls.  I would strongly advise against doing so.

The main problem is that the Will might be invalid for a number of reasons and this might not come to light until after the person who made it has died.

There are specific requirements for the making of a Will under the Succession Act 1965 which must be complied with for the Will to be valid.

There can be problems with the people who witness the Will.  One case which comes to mind is where the wife of a man who was to benefit under a Will witnessed it.  The will was valid but the intended gift to her husband  was invalid.

Another problem is that a Will should be clear and unambiguous. I have come across a number of “Eason Type Wills” where you can buy  a pre-printed form and fill in the blanks. However, in a lot of cases confusion reigns and a section is wrongly completed and so the intentions of the person making the Will are unclear.

In addition, amendments or deletions are sometimes made which are not properly witnessed thereby causing confusion as to whether or not they were made prior to or after the execution of the Will i.e. when the Will was made. This can lead to problems with the Will being admitted to Probate, cause delays and necessitate the matter having to be determined by a Probate Judge at considerable additional expense.

In some cases it is long after the Will has been made that its validity has to be determined and witnesses to that Will may no longer be alive, contactable or able to recollect what happened at the time.

In general and for the sake of your peace of mind, I’d dvise you always to use a Solicitor.

Better to be safe than sorry.

 

 

LegalEagleStar  Wednesday,  19th January, 2011

Written by LegalEagleStar

January 19, 2011 at 2:46 pm

Posted in LegalEagleStar

Tagged with , , ,

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: