Charging clause on a will

[jasdpace@gmail.]

Are there any circumstances in which the charging clause is not invalidated by the solicitor himself witnessing the will?

 

[ClubMan]

Law Society of Ireland

It is equally important to remember that the charging clause will be invalidated if the solicitor/executor (their spouse, civil partner, or a partner in their firm) is a witness to the will. This is because, under section 82 of the Succession Act 1965, gifts (which are defined to include any benefit) under a will to an attesting witness or spouse of a witness are utterly null and void.

 

[jasdpace@gmail.]

Thanks Clubman,

I am aware of the Law Society posting. I'm wondering whether there is any exception to this......it's really a question for a legal specialist

 

[ClubMan]

Does the law cited that governs this allow for any exception?
Not as far as I can see...

Succession Act, 1965, Section 82

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.

www.irishstatutebook.ie

If you want a legal opinion on it you should ask a solicitor.