Making a Will: Frequently Asked Questions

What happens if I die without making a Will?

If you die without making a Will your estate is divided in accordance with the Succession Act 1965. “Who gets what”, depends on your personal circumstances. For example, if you are married with no children, your spouse is entitled to your entire estate. If you are married with children, your spouse is entitled to two-thirds of your estate and your children are entitled to one-third. Different rules will apply to single people, widows/ widowers etc.

Where do I start?

Consider the following:

What do you own and who do you want to leave it to? Include property, bank accounts, cars etc. Do you have children or other dependents? If so, what provisions need to be put in place to ensure they are properly cared for. Who will look after your children if you pass away? Who will manage any inheritance they receive from you? Who is best suited to be the Executor of your Will? This is the person who will ensure your wishes are carried out in accordance with your Will.

Can I change my Will?

You can change your will at any time during your lifetime.

Updating Your Will

You may have made a Will and now find yourself in a situation where circumstances and your wishes have changed. You may have gotten married, have had children or sold
property. If this is the case, you should contact your solicitor and arrange for your Will to be updated.

Information Your Solicitor Will Need

There are several key bits of information you should bring with you when you visit your solicitor:

Details of the contents of your estate including details of what you own, property, bank details, insurance policies.

The full names and addresses of the people you want to provide for in your Will.

The full names and addresses of nominated guardians of your children.

The full name and address of at least one person who will look after your estate on your death.

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