Judge warns about the dangers and legal risks of using a homemade will without a solicitor

Judge cautions against relying on ‘extremely unsafe’ home-made will.

Judge cautions against relying on ‘extremely unsafe’ will templates downloaded from web. https://www.irishtimes.com/crime-law/courts/2023/07/04/judge-cautions-against-relying-on-extremely-unsafe-will-templates-downloaded-from-web/

The above article by Eleanor Reardon in The Irish Times deals with judgement given by Ms. Justice Siobhán Stack relating to the interpretation of a will. I would wholeheartedly concur with Judge Stack’s advice to members of the public which would be to exercise caution when using online resources and precedent wills. I would, of course, advocate the use of properly trained solicitors who are familiar with and experienced in succession planning and will drafting. In this scenario, the potential assets to which the beneficiaries were entitled were reduced.

“Ms Justice Siobhán Stack urged the public to make a will with professional advice.”

Ultimately, the will was accepted but there were difficulties in its interpretation. While online precedence may be attractive from a cost perspective, there is no substitute for proper advice from a suitably qualified professional who can ask the appropriate questions, make suitable and appropriate suggestions and tailor will that is bespoke for each individual’s specific circumstances. What money is saved using a precedent can easily be lost through the unintended consequences of bad drafting.

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