Wills and Probate

We can assist you in making a Will so as to protect and provide for your loved ones. The making of a Will helps to prevent unnecessary distress and expense to your relations which can sometimes occur if a Will is not made. The making of a Will gives legal status to what you intend to do with your assets and possessions. As the Citizens Information website puts it:

It is important for you to make a will because if you do not, and die without a will, the law on intestacy decides what happens to your property. A will can ensure that proper arrangements are made for your dependants and that your property is distributed in the way you wish after you die, subject to certain rights of spouses/civil partners and children.

Fachtna O’Driscoll Probate and Will Solicitors Cork can guide and advise you through the confidential process of making a Will for the benefit of your relatives and dependents. We will store your will in absolute safety free of charge.

We act on behalf of executors in applying to the High Court for a Grant of Probate / Letters of Administration thereby enabling the affairs of the deceased person to be resolved as smoothly and as quickly as possible. We deal on your behalf with the relevant government departments, banks, building societies, the Revenue Commissioners and other agencies in finalising the administration of estates. We will also prepare full and detailed accounts on behalf of the executor/administrator.

We have all had to make changes to the way we live during this difficult time, and we have adapted our practice to be there in whatever way we can for our clients, by implementing work practices that follow the new regulations and social distancing guidelines.

The Covid 19 crisis has prompted many people to contact our office enquiring about either updating their wills or making a will for the first time. The first question we are being asked is, is it possible to make a Will at this time? The answer is yes and we have worked on innovative solutions to deal with the legal challenges Covid 19 presents.

1. Why Make a Will and What Should Be Considered?

Again, as stated above, it is important for you to make a will because if you do not, and die without a will, the law on intestacy decides what happens to your property. A will can ensure that proper arrangements are made for your loved ones. It also ensures that your property is distributed in the way you wish after you die, subject to certain rights of spouses/civil partners and children.

When deciding to make a Will you should make a list of your assets, decide on who will be the executors/trustees of your estate and/or testamentary guardians for children under the age of 18 (preferably two people), you should also ensure that your chosen Executors are willing to act.

2. How do I instruct you to make a Will?

Prior to Covid 19 clients usually attended in person to give instructions for their will. As this is not currently practical, instructions can be given by telephone or email or for clients who prefer virtual face to face meetings through such apps as Skype and FaceTime. A draft will can be prepared which the solicitor can email or post to the client for comment and approval. Once the final draft has been agreed with the client the next step is signing, or execution, of the will. For those who would still like to attend in person, facility can be made for them through the appointment system.

3. How to execute/complete a Will in the current environment?

· This has presented the biggest challenge but is a challenge that we continue to overcome through creative solutions which are also in accordance with the guidelines of the Law Society of Ireland. A will must be signed by the testator in the (physical) presence of independent witnesses (who do not benefit under the will) who must then sign in the presence of the testator. Both witnesses have to be present when the testator signs but they do not have to sign in the presence of each other, so a suitable distance can be maintained at all times. The witnesses need to see the testator sign their name. The witnesses can do this from a distance or, even, through a window, if this makes them feel more comfortable.

4. Where to store my will?

When your will has been executed Fachtna O’Driscoll Probate and Will Solicitors Cork will store it in our fireproof facility in our office free of charge and will send you a letter or email confirming the reference number your will has been stored under.

For further information about making a will in the context of the Covid crisis, particularly during lockdown periods, please read our blog post here. For detailed information about alternative approaches to the execution / signing of legal documents see our blog post here.  For general information, questions, or to make an appointment please contact: