Wills - how do you know

phoenix

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When someone dies, how do you know if they have left a will or not?

I presume they would have to tell someone that they had a will before they died or else the will might never be found?

If a husband dies without a will, does everything automatically go to his surviving wife? Are searches made before this can happen? For eg, if bank accounts are in single names could I transfer my husbands account to my name without any legal intervention in the event of him dying before me?
 
Hi Phoenix, there is ( as yet ) no mandatory central registration system for wills in this country, so on a practical level if someone makes a will and they do not inform their next of kin, keep a copy or inform the executor, then it can be hard to find. What tends to happen is that the next of kin have an idea as to whether or not the individual made or was likely to have made a will ,and if so, where. IF their family solicitor ( if they had one) doesnt have the will, they will write to all the other solicitors in the area to check if they hold one, and possibly will advertise in the Law Society gazette in the lost wills section.

If a husband dies without a will and leaves only a wife surviving, his wife inherits all of his estate. If he dies with a wife and children, his wife inherits two thirds, and the remaining third is divided among his children.

In relation to bank accounts, these can be put into the spouses name if the value of the estate is below €12700 or thereabouts with revenue clearance. Anything higher than that and the bank may require a grant of administration. These accounts could be frozen on the death- very awkward for a surviving spouse.
 
What would happen it the estate was divided as if there was no will and say a few years down the road a will was found?

Would a will be still valid in such a case?
 
The last will is always valid, but only enforceble within a certain number of years after the death or the other grant is taken out. If within the statutory period, and the will divides the property a different way, then the administrator would be liable to the beneficiaries under the will and would probably try to get the property back if possible. The ultimate liability rests with the administator.
 
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