Two commonly asked questions regarding Wills

how do i get injury compensation7
conveyancing solicitor 15

1. Does a divorce revoke a Will?

This question regularly comes into our office and unfortunately clients come in with the miscomprehension that once they get a divorce, their previous Will is automatically void.  Under Irish law, a divorce or dissolution of a civil partnership, does not invalidate a Will and an ex-spouse could still inherit under the previous Will unless a blocking order has been agreed in the terms of the divorce.

It is then imperative that anybody seeking to get a divorce understands how vital it is to a get blocking order.

It is important that subsequent to a divorce, that a party makes a new Will straightaway in order to alter any previous gifts that may have been left for their ex-spouse.

2. How many witnesses are required for a valid Will?

Under Section 78 of the Succession Act, it is necessary for two witnesses to fulfil the legal requirement for a valid Will. The Testator (the person making the will) does not have to execute their Will in front of two witnesses – Section 78 subsection 2 allows the person making the Will to sign by themselves without two witnesses being present and then later bringing to the attention of the witnesses that it is their signature on the Will.

In circumstances where a Will could be subject to a challenge, it is always advisable that two witnesses are present.

When clients are executing their Wills, we always make sure that two members of our staff are always present to witness the signing.

All information and all contents of the Will is kept private and confidential, and all clients can be secure in that knowledge.

conveyancing solicitor 14

Let our experienced solicitors work with you to provide advice on all manners of Wills and Trusts. Give Powderly Solicitors a call now to arrange a consultation. Please telephone Eoin Powderly on: +353 1 6284333 or email: contactus@powderlysolicitors.ie


Go to Top