Why is it so important to use a Solicitor when you are making your Will?

Some people use draft Wills which they download from the internet to make their Will which can result in issues and difficulties when the Will is brought to the Probate Office.  It can also result in your wishes not being carried out and your assets not being divided in the way you wish them to be. This event has occurred recently and the courts have been asked to clairfy matters.

The High Court has recently been asked to clarify issues arising from the Will of a well philosopher and poet called John O’Donoghue.  Mr. O’Donoghue who was a former priest and author of the best selling book “Anam Cara, benedictus – a book of blessings and other works" left an estate valued at more than 2 million euro.  In February 2001 he made a Will but that Will was made without the benefit of legal advice.  The one page document was signed by him and witnessed in the presence of his mother and his brother but issues have now arisen by what was meant by its terms.

In his Will he stated he was leaving all his worldly possessions to his mother to be divided equally and fairly among his family with special care and extra help to be given to his sister.  It is not clear if he appointed an Executor. He also stipulated gifts of money were to be given to a number of other persons.  High Court proceedings have been brought by his mother seeking clarification of several issues arising from the Will.  Among the issues raised by the terms of the Will are whether his mother is a beneficiary and what is meant by the term "family" and whether that means mother, two brothers and sister.  Other issues include what is meant by the term special care and extra help for his sister. 

When you make a Will it is vitally important that you do so with the benefit of legal advice. If you do not get legal advice you risk something similar to the above happening. Irwin Solicitors have considerable experience advising clients about the best way to make their Will to ensure that their wishes are carried out after they die.   If you require any further information please contact Irwin Solicitors on 01 2849034 or email us This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

UPDATE - the Will Mr. O’Donoghue has been declared void, see our updated article here.