Are you considering making a Will or navigating the probate process in Northern Ireland? Understanding the intricacies of wills and probate can often be daunting. In this article, we hope to address the most frequently asked questions surrounding wills and probate in Northern Ireland, providing clarity on key aspects of estate planning.
From the basics of will drafting to the complexities of estate administration, this article will cover everything you need to know to get the process started.
What is the purpose of creating a Will?
A Will outlines how you want your assets to be distributed after your death, and can address other important matters such as appointing guardians for minor children, revoking previous Wills, expressing wishes about funeral arrangements and appointing Executors to manage the administration of your estate after your death.
How do I make a valid Will?
A valid Will must be in writing, signed by the testator (or someone else in their presence and at their direction), and witnessed by two independent witnesses, who must sign in the presence of the testator and each other.
Can I make changes to my Will after it has been executed?
Yes, you can make changes to your Will through a codicil or by creating a new Will. It is essential to follow the legal requirements, particularly in relation to the witnessing requirements, to ensure that any changes you make are valid.
What happens if someone dies without a Will?
If someone dies without a Will, their estate is distributed according to the laws of intestacy. The process is determined by familial relationships which in some cases, can result in unintended outcomes. It is therefore important to make a Will if there are specific gifts that you wish to leave to individuals or if there are members of your family that you wish to benefit more than others.
What is Probate, and when is it required in Northern Ireland?
Probate is the legal process of proving and registering a Will. It involves applying to the High Court for a Court-sealed document known as a ‘Grant of Probate’, whereby the original Will is declared to be the last Will of the Testator and the estate distributed in accordance with its terms.
In Northern Ireland, Probate is typically required when dealing with larger estates or when certain assets need to be transferred. For example, a Grant of Probate will always need to be obtained to sell a property or transfer it into the names of beneficiaries.
How long does the Probate process take in Northern Ireland?
The duration of the Probate process varies, but it often takes several months. Complex estates or legal challenges may extend this timeline. It is prudent to instruct a solicitor who is experienced in navigating the probate process to avoid any undue delay.
How are debts and taxes handled during Probate in Northern Ireland?
Debts and taxes are typically paid from the deceased's estate during the Probate process before distributing the remaining assets to beneficiaries.
Can a Will be contested in Northern Ireland?
Yes, a Will can be contested on various grounds, such as lack of capacity, undue influence, or improper execution. It is also possible to contest a Will on the basis that the testator did not make reasonable financial provision for someone, such as a spouse or child. Contesting a Will usually involves legal proceedings.
What is an Enduring Power of Attorney, and how does it relate to Wills?
An Enduring Power of Attorney appoints someone to make decisions on your behalf in relation to your property and finances and remains in place if you become mentally incapable of making decisions yourself. An Enduring Power of Attorney is distinct from a Will because it appoints to Attorneys to assist you in the management of your affairs during your life, as opposed to your Will which deals with your estate after your death. Executing an Enduring Power of Attorney can complement estate planning and is often considered while a person is thinking about their Will.
How can I ensure my Will is legally valid and protects my wishes?
You should consult with a qualified solicitor specialising in Wills and Probate to ensure your Will is properly drafted, meets legal requirements, and accurately reflects your wishes.
What considerations should be made for digital assets in a Will?
Addressing digital assets in a Will has become good practice in recent years. You can include instructions on how to access and manage digital accounts, including social media, email, and online banking.
For advice and assistance on any matter relating to Wills, Probate or Estate Planning, contact Chloe Emerson on cemerson@fhanna.co.uk