Saturday, December 16, 2017

The essential elements of a valid Will are;

1. The Will must be in writing.

2. The person making the Will must have full capacity ie. be of sound mind and be over 18 years of age.

3. The Will must be dated and show the full name and address of the person making the Will.

4. It must revoke any prior Will.

5. An executor must be appointed in the Will.

6. If the will creates a trust for minor children then it must appoint two trustees and one or two guardians.

7. The Will should contain a clause dealing with any assets that may be left over after all the various bequests have been made. This is known as the residuary clause of a Will.

8. It must be signed at the bottom by the person making the will.

9. The Will must be witnessed by two witnesses, who do not benefit in the Will. The two witness signatures should be at the bottom of the Will below the signature of the person making the Will. If an executer also acts as a witness, he / she cannot receive any gift under the will.

         A male person making a Will is known as a Testator.

         A female person making a Will is known as a Testatrix.

Dermot McNamara BCL,
Solicitor
Notary Public
Commissioner for Oaths

Collette Bryson BA (Hons)
Solicitor

Frances Cunneen T.E.P. Trust & Estate Practitioner

Lorraine Byrne

M.I.I.L.Ex, Legal Executive

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