The Kerryman (Tralee Edition) - - CLUB NEWS -


Ques­tion: I would like to make a will. Do I need to go to a so­lic­i­tor or can I draw up the will my­self?

An­swer: It is im­por­tant for you to make a will be­cause, if you do not, the law on in­tes­tacy de­cides what hap­pens to your prop­erty in the event of your death.

Writ­ing a will can en­sure that proper ar­range­ments are made for your de­pen­dants and that your prop­erty is dis­trib­uted in the way you wish af­ter your death (sub­ject to cer­tain rights of spouses or civil part­ners and chil­dren).

You can draw up a will your­self or you can hire a so­lic­i­tor to help you. All of the fol­low­ing le­gal re­quire­ments ap­ply:

The will must be in writ­ing. You must be over 18 (un­less you are or have been mar­ried). You must be of sound mind. You must sign or mark the will or ac­knowl­edge the sig­na­ture or mark in the pres­ence of two wit­nesses.

Your two wit­nesses must sign the will in your pres­ence.

Your two wit­nesses can­not be people who will gain from your will and they must be present with you at the same time for their at­tes­ta­tion to be valid. The wit­nesses’ spouses or civil part­ners also can­not gain from your will.

Your wit­nesses must see you sign the will but they do not have to see what is writ­ten in it.

The sig­na­ture or mark must be at the end of the will.

If any of these re­quire­ments are not met, the will is not le­gally valid. If you want to change your will af­ter you make it, you can add a cod­i­cil (amend­ment or change) to your will. This cod­i­cil must meet the re­quire­ments set out above.

You should keep an up­dated list of your as­sets. You can use a form to record where your pos­ses­sions are kept. This makes it eas­ier to iden­tify and trace your as­sets af­ter you die. You should keep the list in a safe place.

Know Your Rights has been com­piled by Kerry Cit­i­zens In­for­ma­tion Ser­vice which pro­vides a free and con­fi­den­tial ser­vice to the pub­lic. Con­tact us in Tralee on Tel: 0761 07 7860 Kil­lar­ney 0761 07 7820, Lis­towel 0761 07 7840 Ken­mare 0761 07 7810, Kil­lor­glin 0761 07830 & Ca­her­civeen 0761 07 7780. In­for­ma­tion is also avail­able on­line at cit­i­zensin­for­ma­ and from the Cit­i­zens In­for­ma­tion Phone Ser­vice, 0761 07 4000

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