Posted in General Legal Tips on 29 October 2014

A Will forces us to confront our mortality like no other document.  Procrastination and unwillingness to accept death as part of life are common reasons for not having a Will.

All adults of sound disposing mind can and should make a Will and we at Cantillons Solicitors strongly advise all clients to do so.  It is something that should be thought about and planned for by all.  A Will is relevant to every person who has responsibilities as well as assets.

We at Cantillons Solicitors, in addition to encouraging clients to make a Will also encourage clients to review their Wills.  This is particularly important as life circumstances change and particularly for those with tax planning needs.

When a person dies without leaving a valid Will the order of entitlement to extract a Grant of Administration is governed by law.

Put at its simplest if you die without a Will, you not only lose control over the distribution of your assets but also of who is responsible for the administration.

It is therefore not uncommon in Intestacy situations that the devolution is completely contrary to what the deceased would have wished for and the most unsuitable person may assume the role of personal representative.

Our job at Cantillons Solicitors is to put your wishes into a valid Will and to advise you on the tax considerations and estate planning that are relevant.

A Will allows you to provide for the devolution of your property as you wish.

WHAT HAPPENS IF YOU DIE HAVING MADE A WILL?

If you have made Will you are called a Testator/Testatrix.  A person who dies having made a valid Will is said to have died testate. If you die testate then all your possessions will be distributed in the way you set out in your Will.

It is the job of the Executor you named in your Will to make sure this happens.

An Executor can be a beneficiary under your Will.

After you die your Executor has to deal with your Estate by gathering together all your assets and paying any debts you owe and then distributing what is left to the people who are entitled. To this end permission is usually required from the Probate office for the area in which you lived at the time of your death.  Permission comes in the form of a document called a Grant of Probate.


Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.


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