Are online will-making services a good idea?

When considering whether or not someone was of unsound mind, the relevant time is that of the making of the will

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Dear Karen,

I know I need to put a will in place, and I am thinking of making a will myself rather than going to a solicitor. There are lots of websites on how to make a will and templates on the internet. Do you think this is a good idea?

Dear Reader,

Wills are very technical documents and there are various requirements that must be complied with in order for a will to be valid. A will, at the very least, must satisfy the following formal requirements:

The testator must be over the age of 18 years
It must be signed at the foot or end of the will by the testator
The signature or mark of the testator must be at the end of the will
The two witnesses (neither of whom, nor their spouses, can benefit under the will) must sign their names in the presence of the testator. However, they need to not sign their names in the presence of each other
The will must be in writing
And the testator must be of sound, disposing mind

A well-drafted will should dispose of all of the assets of the person. All wills should contain a residuary clause.

In the case of O’Donnell v O’Donnell, the deceased was a paranoid schizophrenic. The court concluded that, at the time of the making of his will, the deceased’s condition was under control and his personality disorder did not render him incapable of making a will.

When considering whether or not someone was of unsound mind, the relevant time is that of the making of the will.

In the case of Hodson v Barnes, a bizarre and famous case, the deceased decided to write his will on an eggshell

After his death, amongst her late husband’s belongings, his wife found an eggshell, which bore the message “17-1925 Mag. Everything I possess”.

The court ruled that the Will was invalid, but not for the reason one might suspect!

It was held invalid on numerous grounds, once being that the will was not properly witnessed.

Interestingly, the court ruled that there was no reason whatsoever that a will could not be written on an eggshell — though a will must be in writing, it need not necessarily be written on paper to be deemed valid.

However, it goes without saying that, in practice, wills should always be written or typed on paper.

It is strongly advisable to consult with a solicitor who specialises in wills in order to put your will in place. Wills are not expensive documents to put in place.

For the small cost of employing a solicitor who is trained in will drafting to ensure that your will is a valid will that correctly reflects your wishes, it represents excellent value for money.

It can save time, stress, and expense at a later stage, trying to prove a will and administer an estate that has been very poorly drafted.

Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main St, Midleton, Co Cork, and also the author of ‘Farming and the Law’. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law.

Email: info@walshandpartners.ie

Web: www.walshandpartners.ie

While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.

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