Administration of Wills & Estates
Who can make a will?
Anyone can make a will who has attained the age of 18 and is of sound mind.
Why should I make a will?
It is important that you make a will so that your assets are distributed in accordance with your wishes. If you fail to make a will the rules of intestacy will apply, this may be contrary to your wishes . The person who ends up as the Administrator to your estate may not be the person you intended to have control over your assets.
Who should I appoint as my Executor?
This is an extremely important decision as an executor is the person in charge of the administration of your estate. In your will you are required to name at least one executor and it is advisable to appoint a second person. This person can be a member of your family, a friend, a relation or a business acquaintance. It is important that the person you appoint is someone you trust. It is also important that when you make your will you advise the person that they have been made an executor and where the will is held in safe keeping. A person will often make a close family member an executor since such a person is likely to have a very detailed and intimate knowledge of the deceased’s affairs. Many people also appoint their solicitor as a second executor since the solicitor will also have information on the deceased’s affairs and would be able to render good advice to the executor and assist in the processing of the Grant of Probate. A beneficiary can be and often is appointed as an executor. Persons to be chosen as executors therefore should be capable and you should have confidence in their ability to carry out your wishes as expressed in your will.
Distribution on Intestacy
Where there is no will your estate will be distributed as follows:
||Distribution of Share
|Spouse and children
||Spouse two thirds, children one third
|Spouse and no children
||Spouse takes all
|Children and no spouse
||Children take all
|Parents and brothers and sisters
||Parent takes all
|One parent and brothers and sisters
||Parent takes all
|Brothers and sisters only
||All taken in equal shares, with children of a predeceased brother or sister taking their parent's share
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Ph: 021 4272242
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