It is only natural for us to feel reluctant to make a will
as it brings to the front of our minds our own mortality. However, this is like
putting off going to the doctor for a check up. It is really important to
overcome the fear, particularly if you have people who are dependent on you.
A will may be made by persons over the age of eighteen who have
testamentary capacity. Testamentary capacity is primarily a legal test but it
can be helpful to have a written medical opinion; particularly where a person
making the will is elderly or seriously ill. Even if a person suffers from a
serious psychiatric disorder, a valid will may be made during a lucid interval.
When making a will a person needs to have a good knowledge of
the extent of his or her assets. Also a person making a will must bring to his
or her mind all the people you would expect him/her to bring to his or her mind and
then decide who to benefit.
From a practical point of view a person needs to decide who
he or she wishes to appoint as executor of the will and whether trustees will
be required. If the testator has children under the age of eighteen he/she will
also have to consider who to appoint as guardians.
Drafting and executing a will is a very technical exercise. A
testator is best served by instructing a suitably qualified solicitor to draft his/her
will and leave the technicalities to that expert.
For more information call us on 052 6125350.