Wills, Probate & Succession Planning

Why Should I Make a Will?

By making a Will, you make your wishes clear. It contains your specific instructions to those left behind regarding your property and assets. Making a Will is the only way to be absolutely certain your wishes are carried out; you choose exactly who inherits your estate.

If you do not make a Will, strict legal rules decide who benefits. This legal formula may not reflect your personal intentions. Additionally, a Will allows you to appoint an Executor, a trustworthy and capable person responsible for sorting out your affairs.

A valid Will saves time and money for your loved ones. Most importantly, if you have young children, it allows you to choose a Guardian to look after them and a Trustee to manage their financial future if both parents pass away.

What Happens If You Die Without a Will?

If you die without a Will (dying intestate), the Succession Act 1965 dictates how your possessions are distributed. Under these rules, your estate is divided as follows:

  • Spouse but no children: Your spouse gets the entire estate.

  • Spouse and children: Your spouse gets two-thirds; one-third is divided equally among your children.

  • Children, but no spouse: Your estate is divided equally among your children.

  • Parents, but no spouse or children: Your estate is divided equally between your parents.

  • Brothers and sisters only: Your estate is shared equally among them.

  • Nieces and nephews only: Your estate is divided equally among those surviving.

  • No relatives: Your estate goes to the State.

Changing Your Will

You can change your Will at any time. We recommend reviewing your Will annually, particularly after the Government's Budget, to ensure tax minimising strategies remain effective. You should also update your Will after major life events, such as:

  • Buying a house.

  • The birth of a child.

  • Marriage: Marriage invalidates a Will unless the Will was specifically made in contemplation of that marriage.

Providing for Young Children

If you have children under 18, your Will should provide directions for their care and financial support.

Contact Us

For further information on making your Will or to arrange an appointment, please contact us

DISCLAIMER

This information is for guidance purposes only and does not constitute legal or professional advice. Accordingly legal or professional advice should be obtained before taking or refraining from taking any action as a result of the contents of this brochure. No legal Responsibility is accepted by  James Lucey & Sons for any action or inaction taken or omitted to be taken in reliance of anything contained herein and the information herein is subject