Does a will made by one party to a marriage have to be witnessed by the other (provided they are both alive and not separated/divorced)? ie Is it possible for the husband to make out a will and not let the wife know contents of same? I'm thinking it may be possible, if wife is not stipulated as executor/witness, from reading the basics about wills online...
Question re: husband making will
- Thread starter max
- Start date
A will is a private document. It does not come into force or effect until death. A spouse can choose to show their own will to their spouse but they don't have to. If a solicitor is making wills for spouses, the two parties should be seen separately, their instructions taken separately and their wills prepared and executed separately. If, after they have made their wills, they choose to show each other their wills, that is their prerogataive.
There is no obligation at all, and whatsoever, for one spouse to be involved in their spouse making a will.
Spouses do have legal obligations to their spouses when making a will and their solicitor should point out these legal obligations. If a testator chooses to ignore the solicitor's advice, the solicitor can choose not to act any further or follow the instructions and keep a careful note on file of the client's firm, clear, instructions.
mf
There is no obligation at all, and whatsoever, for one spouse to be involved in their spouse making a will.
Spouses do have legal obligations to their spouses when making a will and their solicitor should point out these legal obligations. If a testator chooses to ignore the solicitor's advice, the solicitor can choose not to act any further or follow the instructions and keep a careful note on file of the client's firm, clear, instructions.
mf
Ya just someone whom I regard as reliable told me a couple years ago that wife had to witness will, went on about some famous court case 15 years ago where a wife contested a will because she was not present.
I'm thinking of willing a medium sized farm I have to a nephew, rather than son, for various reasons, mainly this son doesn't work on the farm or have much interest (he is mostly away working anyway) and the nephew is much more involved (the nephew will probably inherit a larger farm himself also). How common would this be in Ireland and would the son have sufficient grounds to be successful challenge under succession act? (have already taken legal advice but would just like to see what folks on this forum have to say ;-))
Talking to the son about this will probably leave me without peace til the day I'm laid to rest, so wasn't going to mention anything to him.
I'm thinking of willing a medium sized farm I have to a nephew, rather than son, for various reasons, mainly this son doesn't work on the farm or have much interest (he is mostly away working anyway) and the nephew is much more involved (the nephew will probably inherit a larger farm himself also). How common would this be in Ireland and would the son have sufficient grounds to be successful challenge under succession act? (have already taken legal advice but would just like to see what folks on this forum have to say ;-))
Talking to the son about this will probably leave me without peace til the day I'm laid to rest, so wasn't going to mention anything to him.
Max,
You are clearly contemplating making a will which you do not want either your wife or your son to know about, and you are canvassing opinions - with very limited facts given - as to whether there is likely to be trouble. You don't need a lawyer to answer this. In fact, you don't really need any body to answer this. You already know the answer. Without all the facts, it is impossible to give a useful opinion. It does seem a safe bet that your plans may well cause a rift between branches of the family which will persist into the next generation. Only you know whether this is justified taking into account all the facts of your case.
You are clearly contemplating making a will which you do not want either your wife or your son to know about, and you are canvassing opinions - with very limited facts given - as to whether there is likely to be trouble. You don't need a lawyer to answer this. In fact, you don't really need any body to answer this. You already know the answer. Without all the facts, it is impossible to give a useful opinion. It does seem a safe bet that your plans may well cause a rift between branches of the family which will persist into the next generation. Only you know whether this is justified taking into account all the facts of your case.
But equally expectation of inheritance may lead to disappointment.
However it wouldn't be unnatural for a son to expect to benefit over a nephew, I think, max, you need to at least discuss this with your wife and certainly take professional legal advice.
However it wouldn't be unnatural for a son to expect to benefit over a nephew, I think, max, you need to at least discuss this with your wife and certainly take professional legal advice.
Max Max Max
How old is your son....If he is under 30 years of age ? Do you remember how old you were when you really felt like an adult or how old you were when you really understood what our parents did for us..
Maybe the day he marries and has his own children he may mature and understand all you did...
Please think this through as this " will " could break him...is this what you want ?
Do you really want to leave all that torture behind you for generations ? Give him a chance ( unless there is more than you are saying )
How old is your son....If he is under 30 years of age ? Do you remember how old you were when you really felt like an adult or how old you were when you really understood what our parents did for us..
Maybe the day he marries and has his own children he may mature and understand all you did...
Please think this through as this " will " could break him...is this what you want ?
Do you really want to leave all that torture behind you for generations ? Give him a chance ( unless there is more than you are saying )
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buyingabroad
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Dad, is that you? 
senni, he is about the age your talking about, and anyway I'm not gonna leave him completely bereft as I do plan on giving him some other stuff besides the land mentioned. And also it wouldn't break him if I were even to leave him nothing, as he is well-qualified to provide for himself. It's just that I don't think he would give a s#@#e about the land if it were his, the nephew would be better use of it.
Who normally acts as witness in a will? Would the solicitor do as one of the requisite witnesses? This is something which exercises me, because I don't really want work to get out until I'm 'done n dusted', if ya know what I mean?!
Who normally acts as witness in a will? Would the solicitor do as one of the requisite witnesses? This is something which exercises me, because I don't really want work to get out until I'm 'done n dusted', if ya know what I mean?!
senni, he is about the age your talking about, and anyway I'm not gonna leave him completely bereft as I do plan on giving him some other stuff besides the land mentioned. And also it wouldn't break him if I were even to leave him nothing, as he is well-qualified to provide for himself. It's just that I don't think he would give a s#@#e about the land if it were his, the nephew would be better use of it.
Who normally acts as witness in a will? Would the solicitor do as one of the requisite witnesses? This is something which exercises me, because I don't really want work to get out until I'm 'done n dusted', if ya know what I mean?!
Who normally acts as witness in a will? Would the solicitor do as one of the requisite witnesses? This is something which exercises me, because I don't really want work to get out until I'm 'done n dusted', if ya know what I mean?!
Darthvadar
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He's still your son. He will always be your son. You are trying to punish him for his behaviour. I'm sure if you do what you want in the will, as is your right, than you will suceed but at what cost?
I don't know of any family where a child doesn't at some stage break their parents hearts, being a parent can be a thankless task, but we are the parents and we have to rise above it.
You just go to a solicitor without anyone else and the solicitor will do the will for you and will also have it witnessed.
Dad, is that you?
It isn't really all about punishment b, its just that he hasn't shown any intention of doing anything for this in return, and as I said before above he won't make use of a farm anyway, he doesn't know how to farm and doesn't have any intention of learning. It'll probably be sold off by him and proceeds used to finance the 'shades n sunscreen' lifestyle
It is precisely about punishing him for his failure to adopt the lifestyle and perhaps value-system you espouse and want for him.
and also punishing the perceived lack of gratitude and reciprocation displayed by him for all the benefits showered on him.
You seem to be having difficulty accepting all your hard work and all that you value materially being gone out of the family after you die and used to subsidise a life-style you evidently despise. Your new will sounds like a powerful need to control other peoples' lives after you die as you apparently failed to control and shape them while alive, otherwise known as punishment or revenge.... It'll probably be sold off by him and proceeds used to finance the 'shades n sunscreen' lifestyle
I find it very sad as well as damaging and divisive.