Is this everything I own

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faolteam

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""i give devise and bequeath all my estate""

Meaning is this just the property or my money too
 
1. Don't do a DIY will.
2. Estate refers to everything you leave behind, it includes house(s), bank accounts etc
 
No this is not a Diy will, but I presumed estate was just the house, which I left to my nephew's and nieces, but bank accounts, credit union money etc I have nominated my sister in the credit union, but I presume the wording estate changes all that, so what would be the best way to leave any money bank accounts etc to my 2 sisters , ?
Also I have property in Spain and a will to the effect that the apartment be divided between my two sisters is that affected by this ?
Thanks
 
Estate means everything passing under the will. It does not include anything passing by way of joint tenancy. Bank accounts can be set up as joint accounts to stay outside will.

If you have Spanish property, and a Spanish will, you really really need to make sure that the solicitor making your Irish will is aware of this. Otherwise your Irish will revokes your Spanish will. Or vice versa if Spanish will is made after Irish will.
 
Ok I told the solicitor I had a Spanish will and he said thats to do with Spain, not here ,

I'm single no children or other half wanted to leave money to my sisters
 
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faolteam said:
Ok I told the solicitor I had a Spanish will and he said thats to do with Spain, not here ,

I'm single no children or other half wanted to leave money to my sisters
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But is that reflected in what's written in your Irish will?

Put simply is it clear from your most recently drafted will that the Irish will sits along side the Spanish will and is not meant to replace it?

You want to avoid ambiguity. You might know what you meant but ultimately you won't be around to explain it.
 
I, Joe blogs of Dublin make this my last Will and Testament herby revoking all Wills at any time previously made by me and I declare this to be my last Will.
I appoint my nephews a and b as my joint Executors and I direct my Executor to pay all or any debts, funeral and testamentary expenses as soon as possible after my death.
I give, devise and bequeath all of my Estate in equal shares to my nephews and nieces namely, a b c d e
In the unlikely event of the death of my nephews and nieces before me, then the share of any such pre-deceased child shall pass to their respective children – my grandnieces and nephews - in equal shares and if no such children, then the share shall revert my residuary Estate to be divided equally between my surviving nephews and nieces.

Dated this day September 2024
in our presence and then
Signed by us in the presence
of the Testator
 
faolteam said:
I, Joe blogs of Dublin make this my last Will and Testament herby revoking all Wills at any time previously made by me and I declare this to be my last Will.
I appoint my nephews a and b as my joint Executors and I direct my Executor to pay all or any debts, funeral and testamentary expenses as soon as possible after my death.
I give, devise and bequeath all of my Estate in equal shares to my nephews and nieces namely, a b c d e
In the unlikely event of the death of my nephews and nieces before me, then the share of any such pre-deceased child shall pass to their respective children – my grandnieces and nephews - in equal shares and if no such children, then the share shall revert my residuary Estate to be divided equally between my surviving nephews and nieces.

Dated this day September 2024
in our presence and then
Signed by us in the presence
of the Testator
Click to expand...

That revokes the Spanish will.
 
faolteam said:
Dont know why the solicitor said different
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It literally says it in the first sentence - "revoking all wills"

faolteam said:
I, Joe blogs of Dublin make this my last Will and Testament herby revoking all Wills at any time previously made by me and I declare this to be my last Will.
Click to expand...

Go see another solicitor as a matter of urgency. This is now really tricky. Even if you make a new Irish will now, that does not automatically revive the Spanish will that you revoked.
 
faolteam said:
Ok I told the solicitor I had a Spanish will and he said thats to do with Spain, not here ,

I'm single no children or other half wanted to leave money to my sisters
Click to expand...
That is actually correct, there are 2 ways to do this (I have also done it) either you do a general will and that includes Spain and Ireland or you do a will in each country. Personally I think to do a will in each country is best when both are part of the EU coz it only refers to what you have in that country. It is simpler. My solicitor in Ireland made a comment (just to leave all super clear) in my will to specifically mention that what is in Spain is not included in the Irish will. Hope it helps.
Also if you do a general will it can be very expensive as who ever is dealing with your will when you are not here will need to ensure all goes via the Irish Authorities then the Spanish authorities, and that means a lot of paper work, admin, fees and all documents properly translated.
 
VInterested said:
That is actually correct, there are 2 ways to do this (I have also done it) either you do a general will and that includes Spain and Ireland or you do a will in each country. Personally I think to do a will in each country is best when both are part of the EU coz it only refers to what you have in that country. It is simpler. My solicitor in Ireland made a comment (just to leave all super clear) in my will to specifically mention that what is in Spain is not included in the Irish will. Hope it helps.
Also if you do a general will it can be very expensive as who ever is dealing with your will when you are not here will need to ensure all goes via the Irish Authorities then the Spanish authorities, and that means a lot of paper work, admin, fees and all documents properly translated.
Click to expand...
Agreed. The point, though, is that if you do it this way, you should NOT make an Irish will that revokes ALL previous wills, and which purports to deal with ALL of your assets (which is what is at post 7 above). The solicitor making the Irish will should have not revoked the Spanish will and should have excluded Spanish assets from the Irish will.
 
Familyman said:
Agreed. The point, though, is that if you do it this way, you should NOT make an Irish will that revokes ALL previous wills, and which purports to deal with ALL of your assets (which is what is at post 7 above). The solicitor making the Irish will should have not revoked the Spanish will and should have excluded Spanish assets from the Irish will.
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Yes. That is correct too coz then you are working on the basis of a "general" will.
 
faolteam said:
No this is not a Diy will, but I presumed estate was just the house, which I left to my nephew's and nieces, but bank accounts, credit union money etc
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The estate​

When a person dies, the deceased’s estate is everything they owned, except assets where ownership ceases on death or passes on automatically to someone else. After payment of debts, including outstanding taxes, the ‘estate’ is divided among the beneficiaries in accordance with the deceased’s Will. If there is no Will, the deceased is said to have died ‘intestate’ and the law decides how the estate should be divided among family members.
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I suppose the question I'm been asked now is , that how would a notary in Spain know this if you have separate wills one n Spain one in Ireland and even if the Irish one says revoke all wills , just asking on this ?
 
Perhaps because you would be well advised to reference each will in the other, and clearly state that each one is to deal with assets in each jurisdiction solely?

That's the impression I got from the posts above. I am most definitely not a lawyer.
 
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