This is what can happen if you make your Will without legal advice.

The Will of the late Poet and Arthur John O’Donohue has been declared void by the High Court due to uncertainty of its terms and meanings.  We discussed the circumstances of this case in detail in one of our earlier articles and it can be read on our website here. 

Mr. Justice Paul Gilligan heard the case over a number of days in the High Court and concluded he was unable to decipher the exact meaning of the Will and said John O’Donoghue had unfortunately provided an illustration of how a person should not make a Will.  The Judge also stated that whilst Mr. O’Donohue was a man of considerable learning, the fact that he did not benefit from legal advice or assistance when preparing his Will was evident from the Will drawn up. 

The Will was deficient due to the lack of clarity concerning Mr. O’Donohue’s intentions and he had also unwittingly made the classic error of having two intended beneficiaries of the Will, his mother and brother, witness his signature and with the effect of depriving both from benefiting as law prohibits a witness to a Will being a beneficiary.  In the circumstances, the Judge found that the terms of the Will rendered it void for uncertainty.

The result of this was that the entire estate fell into intestacy leaving to a situation under law where his mother takes the entire estate.  This was not what Mr. O’Donohue wanted or intended when he made his Will.

The Judge also stated that the making of a last Will and Testament is one of the most important tasks people face but is unfortunately often approached without due consideration.  The Judge also stated that a properly drawn up Will, prepared with legal advice should ensure that a Testators wishes for distribution of their estate will be fully complied with.  

This is unfortunately what can happen if you do not obtain legal advice when you are making a Will.  Irwin Solicitors have considerable experience advising clients about how to best to make their Will to ensure all their wishes are carried out after they die.