Why should I make a Will?
If you care about what happens to your property after you die, you should make a Will. Without one, the state directs who inherits, so your friends, favourite charities and relatives may get nothing. Having a Will also makes it easier for your loved ones when you die. It is particularly important to make a Will if you are not married or are not in a registered civil partnership (a legal arrangement that gives same-sex partners the same status as a married couple). This is because the law does not automatically recognise cohabitants (partners who live together) as having the same rights as husbands, wives and civil partners. As a result, even if you’ve lived together for many years, your Cohabitant may be left with nothing if you have not made a Will. A Will is also vital if you have children or dependants who may not be able to care for themselves. Without a Will there could be uncertainty about who will look after or provide for them when you die. Mullins & Treacy LLP can also advise you on how inheritance tax may affect what you own.
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You should also consult Mullins & Treacy LLP for Advice about making a Will if:
- several people could make a claim on your estate when you die because they depend on you financially;
- you want to include a trust in your Will (perhaps to provide for young children or a disabled person, save tax, or simply protect your assets in some way after you die);
- your permanent home is not in Ireland or you are not a Irish citizen;
- you live here but you have overseas property;
or
- you own all or part of a business. After you have had a Will draw up, some changes to your circumstances – for example, marriage, civil partnership, separation, divorce or if your civil partnership is dissolved (legally ended) – can make all or part of that Will invalid.
You should review your will regularly, to reflect any major life changes. At Mullins & Treacy LLP we can tell you what changes may make it necessary to update your Will.
Using Mullins & Treacy LLP to make your Will
Making a Will can be a complex process and there are various legal formalities you need to follow to make sure that your Will is valid. Without the help of an expert, there’s a real risk you could make a mistake, which could cause problems for your family and friends after your death.
We are regulated and have the necessary qualifications and training to address the often complex issues associated with drafting a Will and can help ensure your estate is left to those you wish to inherit after your death.
What will you need to know to make your Will?
We will need to know the following details from you in order to make your Will and provide you with full and proper tax advice.
What do you own?
Details of everything you own, including property, cars, personal valuables, stocks and shares, bank accounts, insurance policies, any businesses you own, and pensions.
Who gets what?
Who do you want to leave these assets to? How do you want to divide your estate between your loved ones, friends or charities? Are there any conditions you want to attach to these gifts (for example that young people must reach a particular age before they are paid money you have left them)?
Family and other beneficiaries
Details of your family and status. Are you divorced or has your civil partnership been dissolved? Have you remarried or entered into a new civil partnership? Or are you living with someone without being married to them or being their civil partner? Do you have any children or any other dependants?
Anyone who depends on you financially can ask a court to review your will if they feel you have not provided properly for them. If you give us all of the relevant details, we can tell you about any possible legal pitfalls.
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