# Do I need to make a will?



## Lizard (8 Feb 2011)

Hi, 

I have one daughter. I'm single, own-home. When I die she automatically gets everything I own. No need to write a will. 

However.. a friend informed me that if I don't write a will and daughter gets married, then her spouse is automatically entitled to half the property if they separate, unless I leave a will. Then the property will be entirely in daughter's name. True or False? 

I really don't want the unecessary bother and cost of writing a will, unless of course the above is true! Any advice gratefully received.

Thanks.


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## Vanilla (8 Feb 2011)

Whether or not you make a will has absolutely no bearing on the rights of a future son-in-law or partner of your daughter.

So no, no need to make a will.


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## Complainer (9 Feb 2011)

Many credit unions have a deal for members with a local solicitor to do a basic will for free. It might help you to sleep easier.


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## T McGibney (9 Feb 2011)

Vanilla said:


> Whether or not you make a will has absolutely no bearing on the rights of a future son-in-law or partner of your daughter.
> 
> So no, no need to make a will.



I always thought that intestate estates were more messy, slower and difficult to deal with? Hence making a will is advisable in all cases. Am I wrong?


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## delgirl (9 Feb 2011)

T McGibney said:


> I always thought that intestate estates were more messy, slower and difficult to deal with? Hence making a will is advisable in all cases. Am I wrong?


I would agree with this. She should also make a will in case her daughter pre-deceases her or in case they both die at the same time - who would she want her estate to go to then?


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## Vanilla (9 Feb 2011)

T McGibney said:


> I always thought that intestate estates were more messy, slower and difficult to deal with? Hence making a will is advisable in all cases. Am I wrong?


 
No, in this case it would make no difference but it is a commonly held belief. 



delgirl said:


> I would agree with this. She should also make a will in case her daughter pre-deceases her or in case they both die at the same time - who would she want her estate to go to then?


 

If her daughter dies before her, she can make a will.  But making a will as to what would happen in the event they die simultaneously is a good point if OP cares to cover that possibility.


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## Vanilla (9 Feb 2011)

Complainer said:


> Many credit unions have a deal for members with a local solicitor to do a basic will for free. It might help you to sleep easier.


 
I've been a part of this deal before and it is usually ( in the ones I have experience of) just once a year or once every few years.  But a will is not costly anyway- and in the OPs case it is really very straightforward so I would not expect it to cost very much anyway. I would probably quote around 50 plus VAT to do this will. But it is not necessary and that would be the first thing I would tell her if she came into my office- unless she wants to cover the possibility Delgirl mentioned above


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## Lizard (10 Feb 2011)

So.. I'm single. I die. I haven't made a will. Daughter gets my house. She gets married. Legally, her husband is entitled to half of everything she owns. And vice versa. Daughter and husband separate. He is entitled to half her estate, which includes the property she has automatically inherited (no will) from me?


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## Bronte (10 Feb 2011)

Getting married does not give ownership rights to a spouse.  This was answered with the first reply. 

Once your daugher owns the house she can decide to give ownership to her spouse and also could decide to make a will and give it to him etc.


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## Padraigb (10 Feb 2011)

My understanding is that getting married does give rights to a spouse, but not as simple as a 50:50 interest in all assets. So if OP's daughter inherits the house, then marries and separates acrimoniously, the courts could look at the house as something to be considered in making a settlement between the two. There is a tendency to divide assets in a way that reflects what each partner brought into the pool (among other considerations, such as adequate provision for children).

But whether she inherits the house under a will or the intestacy rules would have no bearing on the question.


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## alaskaonline (10 Feb 2011)

I made a will when my child was born and my "assets" were only one part of it. I also appointed a legal guardian in case something happens to me before the wee one is 18. As previous poster mentioned, also a provision was made in case something happens to the two of us simultaneously. I remember the solicitor asking me what to do then and I got very upset because it's just a terrible thought BUT it can happen so I also included that. It didn't cost more than 50 Euro (I don't remember exact number) and it was quickly enough drawn up.


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## delgirl (11 Feb 2011)

Vanilla said:


> If her daughter dies before her, she can make a will. But making a will as to what would happen in the event they die simultaneously is a good point if OP cares to cover that possibility.


It's also good to cover the possiblity of her daughter dying before her.  She may not be in good health or of sound mind when her daughter passes and may not be able to make her wishes known.

My parents died within 2 days of each other of natural causes and my mother didn't have time to make a new will after my father passed away.


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## Lizard (15 Feb 2011)

Thank you all, and yes Padraig, that is also my understanding.. that getting married does  indeed give you rights to your spouse's property, unless a will  specifies that property left to a person belongs to that person only, even if they get married and separate. This is what a friend's solicitor told him. 
 My daughter is 22 so I don't have to worry about seeking guardians for her. 
 If we both die together and I haven't written a will, my assets will  automatically go to my parents or my siblings. I could just as easily  write my own will and sign it in front of a  witness.. couldn't I? A friend of mine did this for his mother, and kept  her wishes  in the glove compartment of his car until she died 5 years later!


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## j26 (15 Feb 2011)

Lizard said:


> ... I could just as easily  write my own will and sign it in front of a  witness.. couldn't I? A friend of mine did this for his mother, and kept  her wishes  in the glove compartment of his car until she died 5 years later!



2 witnesses, neither of whom can be a beneficiary.


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## Vanilla (15 Feb 2011)

Lizard said:


> I could just as easily write my own will and sign it in front of a witness.. couldn't I? A friend of mine did this for his mother, and kept her wishes in the glove compartment of his car until she died 5 years later!


 
If you really must go and make a will, due to believing some nonsense somebody once told you a solicitor told them, can you not afford to go to a solicitor? Really?


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## wbbs (15 Feb 2011)

Dont want to throw another spanner in the works but I know that when I made a will years ago, same scenario one daughter, I was advised to get her to make a will when she reached 18 to safeguard my property in the scenario of us both dying but not necessarily at same time.  For example both in accident, me dead, her injured and die subsequently (horrible topics these), anyway my property would go to her then it is hers and would pass to her father.  Not happening!!!    All my hard earned work, I dont think so.   So had to specify in my will what was to happen if she didnt survive me by 30 days or something and had to get her to make a will leaving it back to my siblings.


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## Vanilla (15 Feb 2011)

Yeah, it's called a commorientes clause but if the OP just goes to a solicitor they will advise her of all options.


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## Almost Broke (15 Mar 2011)

When it comes to me an my finances, should a decision involve anything over €1000 - ask a solicitor. Interesting topic and I will ask someday


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## candyman (10 May 2011)

Can anyone recommend a good value solicitor to make a will?


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## mf1 (10 May 2011)

If you just call any of the solicitors in your locality , they will be able to give you a ball park figure. Bear in mind that to be able to advise you, they will need to know your personal circumstances ( married? single? cohabiting? children? extent of assets? general intentions? compliance with Succession Act? ) so don't be  surprised when the call takes a few minutes. And if they don't ask for information and you don't volunteer, then consider whether you want them to act for you. 

mf


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## monte (11 May 2011)

Just saw this post, hubbie and I made our wills only very recently. Used same solicitor who did our house purchase as he has an offer at the moment €75 for a basic will, drafting and storage etc... the 'basic' will covered more than what we even wanted. We have house, a rental house and one child. Couldn't recomend him enough, very decent chap and was very efficient.
Let me know if you want his details.


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## allie12 (13 May 2011)

monte said:


> Just saw this post, hubbie and I made our wills only very recently. Used same solicitor who did our house purchase as he has an offer at the moment €75 for a basic will, drafting and storage etc... .


 
Just a note on this, is it not the best idea not to leave your original will with the solicitor as he can then be "executor" and charge fee's ?
We are just about to do our wills and looking into these things now!!


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## monte (13 May 2011)

That is actually wrong info allie12! We queried this and the solicitor would have to be 1) specifically named as an executor to charge for this service, by appointing your own executors you solve this (which most people do anyway)
2) furthermore some people like to leave the will (original or a copy) in the solicitors safe purely for convienience. You can of course keep the original at home, no solicitor who has drafted your will should charge for storing it!!


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