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Administration Of Wills & Estates

Who can make a will?

Anyone who has attained the age of 18 and is of sound mind can make a will.

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 of 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 safekeeping. 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.

For additional information about the dispersal of wealth after the passing of a loved one, get in contact with Colm Burke & Co Solicitors today.

Distribution on Intestacy

Where there is no will your estate will be distributed as follows:

Relatives Surviving

  • Spouse and children

  • Spouse and no children

  • Children and no spouse

  • Parents and brothers and sisters

  • One parent and brothers and sisters

  • Brothers and sisters only

Distribution of Share

  • Spouse two thirds, children one third

  • Spouse takes all

  • Children take all

  • Parent takes all

  • Parent takes all

  • All taken in equal shares, with children of a predeceased brother or sister taking their parent's share