Frequently asked Questions

Welcome to our FAQ page. See below for queries and answers.

When should I make a Will?
Why should I make a Will
If I make a Will can I change it?
What happens if I die without making a Will?
How do I cancel a previous Will made by me?
Where should I store my Will?
Is a Will private after Probate has been taken out?
I do not have a lot of property. Is it still necessary for me to make a Will?
Do I need to tell anyone about my Will?
What is a Bereavement Grant?
Who is entitled to a copy of my will after I die?
What is Estate Duty?
What is the Household Charge?

When Should I Make a Will?

Now, there is no time like the present. In particular, you should make a Will at the following milestones in your life:

if you get married (all previous Wills are automatically revoked when you get married)
if your marital status changes for any reason (divorce or separation)
if you have children
If you have acquired additional property
if you have disposed of property (which you left to a particular beneficiary in your Will and you wish to provide for them in some other way)
if you are in a long-term relationship but have not married.

Why Should I Make a Will?

A Will ensures that you have control over who benefits after your death. If you die and you have not made a Will or have not made a valid Will, you will be said to have died “intestate” and the law steps in. Your assets when you die intestate will be distributed to your surviving relatives in accordance with the rules of intestacy.

It simplifies the legal process for your loved ones.

It allows you to plan the tax liabilities that may arise on your death.

It allows you to leave a gift for a friend or a charity.

Telling a person prior to your death that you wish for them to have a particular assets on your death will not be binding unless it is set out in a Will.

If I make a Will, can I change it?

Yes, you can always change your Will. A Will only speaks from death. It is quite common for people to change their Will regularly. See our section on Changing Your Will.

What happens if I die without making a Will?

If you die and you have not made a Will or have not made a valid Will, you will be said to have died “intestate” and the law steps in. Your assets when you die intestate will be distributed to your surviving relatives in accordance with the rules of intestacy.

How do I cancel my Will?

This is a question that is quite common as a lot of people are not too sure how they cancel a document that is as important as a Will. This can be done in a number of ways.

By making a new Will which automatically revokes any older Will you have made.
By getting married. Marriage revokes a Will.
By destroying your Will. If you wish to destroy your old Will, you should contact your solicitor as soon as possible. Your solicitor will then have you sign a document setting out that you no longer wish for this Will to apply. Also you can take your Will and destroy it yourself, but you should always make it very clear that your Will has been destroyed and the best way to do this is to complete a document that is dated and signed in your solicitor’s office because it is very hard to trace a person’s intentions once they remove the Will from the solicitor’s office.

Where should I store my Will?

You can store a Will in our fire proof safe in our offices, at no cost.

Is a Will private after Probate has been taken out?

No. Once a Will has been filed in the Probate Office and a Grant of Probate has been taken out, it then becomes a public record.

I do not have a lot of property. Is it still necessary for me to make a Will?

Yes, it is always important to make a Will. A lot of people believe that it is necessary to have a large estate in order for them to make a Will. This is not true. It is important that everyone makes a Will to deal with any assets they have on their death.

Do I need to tell anyone about my Will?

It is advisable that you would notify a family member or the executors of the location of your Will. This can save a lot of time and cost in trying to locate your Will. You do not need to give anyone a copy of your Will. It is wise to keep a copy of your Will and a note as to the original's location, with important papers that you know will be checked after your death.

What is a Bereavement Grant?

A Bereavement Grant is a payment of €850 to the spouse/personal representative or next of kin of the deceased. The payment is to assist in the cost of the funeral expenses.

To apply for the grant you must complete an application form and enclose the funeral bill and the death certificate (or where the death certificate is not available a copy of the death notice would suffice).

As to whether you can claim the grant is dependent on PRSI Contributions. A Bereavement Grant may also be paid if you are aged 16-22 and in receipt of a Disability Allowance at the time of death.

For more details you should contact:

Bereavement Grant Section
Social Welfare Services Office
Government Buildings, Ballinalee Road, Longford. Tel: (043) 45211 / (01) 704 3487

Who is entitled to a copy of my will after I die?

In general, the following people are entitled to receive a copy of the will:

The executor who is named in your Will. The executor is responsible for ensuring that your estate is administrated according to your Will. In order to administer the estate, the executor will need to know the contents of your Will. The decision is made by the executor as to whether a copy of the Will is released to the beneficiaries. The executor does not have to release a copy of your Will to the beneficiaries.
The Probate Office require the original Will to be lodged in order to issue the Grant of Probate
The Office of the Revenue Commissioners: Income Tax clearance is required in all estates and often the Revenue Commissioners require a copy of the Will, Inland Revenue Affidavit and Grant of Probate before the clearance is issued.
The Department of Social Welfare: Social Welfare clearance is required in all estates and often the Department of Social Welfare require a copy of the Will, Inland Revenue Affidavit and Grant before the clearance is issued.

What is Estate Duty?

This is the tax regime that existed prior to the Capital Acquisitions Tax Act 1975. It is a tax on inheritances prior to the 1st of April, 1975.

What is the Household Charge?

It is a property tax which comes into effect from the 1^st January 2012. Owners of all residential property in Ireland from the 1^st January 2012 must pay the household charge tax of €100 per property by the 31^st March 2012.

What property is exempt from paying the household charge?

Residential properties abroad and not in Ireland
Mobile Homes
Residential properties that are part of the trading stock of a business and have not been sold or been the source of any income since construction,
Residential property owned by the Government or the Health Service Executive,
Residential property vested in a Housing Authority, including property where households are purchasing their homes under the Share Ownership Scheme and where the local authority still retains an ownership stake,
Voluntary and co-operative housing,
Residential property to which commercial rates apply,
Residential property owned by a charity or comprised in a discretionary trust, and
Residential property where a person has to leave their house due to long-term mental or physical infirmity e.g. a person that has moved into a nursing home for over a year.

There are also certain waivers from payment of the household charge as follows:

Owners of residential property entitled to a mortgage interest supplement.
Owners of residential property located in prescribed unfinished housing estates.

If the waiver applies to you it is still necessary to lodge the application and have the waiver validated.

How can I pay the household charge?

The household charge can be paid in four instalments of €25 by direct debit. The Direct Debit Mandate must be set up by 1st of March 2012 otherwise penalties may apply. If the charge is not paid by the 31^st March 2012, late payment fees will apply. Both the household charge and any accumulated late payment fee will be a charge against the property. It is important to note that any household charges or late payment penalties due on a residential property will have to be discharged, in full, before a transfer or sale of the property.

Online: www.householdcharge.ie – very easy to use on line system, to enable you to pay the household charge by credit card/debit card. Your PPS no is required to process the charge on line.
Payment by cheque, postal order, etc to the Local Government Management Agency.
Payment will be accepted in the offices of your County/City Council.

Request a Call Back or contact us directly and one of our team will discuss your Will or Estate and how we can assist you.