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A Home-made Will? The Savings Can Be Costly

by | Apr 16, 2021 | Case Studies, News, Probate and Wills | 0 comments

The case of a neighbour of ours who drafted a home-make will that lead to a significant amount of litigation has recently been heavily publicised in the national media.

Maureen McEnroe lived on the same street as our offices. Maureen, a single lady without children, executed her home-made pre-printed will in 2005. Maureen passed away in 2017 leaving an estate of €1.08 million. Maureen made three small alterations to her will after it was executed. Unfortunately, these alterations were not correctly executed and this led to significant difficulties in proving her will.

Maureen’s sister, the beneficiary under the will made an application for a Grant of Probate. The High Court Ordered that the application should be made on notice to those who would inherit under the rules of intestacy. Maureen’s sister appealed the High Court decision to the Court of Appeal. It was decided by the Court of Appeal that the rest of the will save for the amendments, some of which were illegible, was valid.

It is notable that three years after Maureen’s death and following two expensive superior court applications her estate is not yet distributed. The small sum Maureen saved in making and later amending her homemade will would have been lost many times over by the necessity to make such applications.  The costs of any litigation arising out of an estate are paid for out of the estate itself. This is also so in the case of applications made by dis-inherited children, to see more on this click here.

This case highlights the importance of having a professional draft your will.

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After the loss of a loved one it can be very overwhelming, an then come all the legalities, probate etc, this is where... John an the team took all the stress an strain out of the process for us quickly an efficiently. We are extremely grateful to all the team at Griffin Solictors.read more
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My husband and I have been using Griffin Solicitors for over twenty years. From purchasing property to drawing up our... wills to general legal queries John Griffin and his team have been unfailingly professional, prompt, polite and extremely efficient.Any matter is dealt with in a timely and expert manner.John Griffin leads a fantastic team who provide a superb professional service.We would highly recommend Griffin Solicitors for all your legal needs.A company that delivers outstanding service. .A pleasure to do business with them.Louise&Alan Weberread more
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