Dear Editor, Mags Gargan’s article on wills (IC 19/05/2016) was timely and valuable. However, she missed what is possibly one of the most important points in relation to making a will. Any previous will is revoked by marriage, unless it is specifically made in contemplation of that marriage. So readers who are engaged (or those remarrying for whatever reason) should take that into account if they are considering making a will or if they have already made one. The 1965 Succession Act (which sets out the requirements of a valid will and may be viewed online) also specifies that a spouse and children are entitled to a share in the estate of a deceased parent or spouse (or civil partner), whatever the will may say, so that should be taken into account when making a will, particularly by those who are separated but not divorced. The witnesses need not necessarily sign in each other’s presence, though they must both witness the testator’s (or testatrix’s) signature. Of course, as the writer says, a solicitor is not required when making a will, though this may be a wise precaution.
Yours etc.,
Kieron Wood BL,
Rathfarnham, Dublin 16.