The Gazette 1982

april

1982

g a z e t t e

people who die without making a Will. The most recent figures indicate that of all Grants issued by the Probate Office, there are approximately 50 — 55 per cent intes- tacies, which would seem to suggest that over 50 per cent of people, who should do so, never make a Will. Some of these people may have surviving spouses, others may have no estate. The failure to make a Will means that their assets may be disposed of in a manner they never intended, with some or all of their property passing to people, who, although they are "nearest" in kind, may not have been the "dearest" to the deceased. It has now been decided that "Wills Week" will com- mence on Monday 15th November 1982. The Society of Young Solicitors are devoting a large part of their Autumn Seminar to certain aspects of Wills and the Administra- tion of Estates which will have the effect of preparing the profession for the practical aspects of "Wills Week". One of the recurring queries that will arise in relation to the making of a Will, is its cost. The cost of making a straightforward Will can vary in different parts of the country, and, indeed from practice to practice, within the same area. It is intended to emphasise the reasonable cost of making such a Will and the benefits to be derived there- from, in ensuring that the Testator's wishes are carried out, as opposed to the possible expense and hardship which might otherwise result. The success of "Wills Week" will depend on every member of the profession making himself available during that particular week to take instructions, to advise the public as to the planning of their affairs, and to preparing their Wills for execution. It will equally depend on the Law Society's efforts to acquaint the community of the cam- paign that is being undertaken, and to encourage them to consult a Solicitor. The Law Society will provide names of Solicitors practising in the area to any enquirer. Our united advice to the public should be "having intended to do so don't put it off any longer — make your Will now!" "Wills Week" should also provide a stimulus for the profession to review the needs of their clients and their own forms of Wills. It will afford them an opportunity to up-date their own knowledge of the law in relation to In- heritance Taxes, and into the actual administration of estates. It is intended to devote the issue of the Gazette published immediately prior to "Wills Week" to different aspects of the administration of estates and the drafting of Wills, and to circulate a number of precedent Wills which will be of undoubted benefit and assistance to the profession. •

"Wills Week"

by Frank O'Donnell, Solicitor W ITH the avowed intention of increasing public aware- ness of the importance of having a proper Will, up to date and professionally drawn, it is proposed to hold a well publicised "Wills Week", in November of this year. The Law Society intends preceding' 'Wills Week" with a series of articles and advertisements, culminating in a Press Conference intended to promote discussion and articles in the media on the necessity and desirability of making a Will. The campaign will be directed not only at older people, but also at the young and the newly weds. It will be emphasised that, in these days, very few people are exempt from considerations of whom should inherit their property. Even those who do not own a house, but who do possess a car or other personal belongings will almost certainly wish their assets to benefit certain relations or friends rather than others chosen arbitrarily by the rules of Intestate Succession. It is generally recognised that the taking of instructions and the making of Wills is not a profitable aspect of the Solicitor's practice. A properly drawn Will can, however, be very valuable to the ordinary Testator and his family, and can avoid many headaches for Solicitors in the admin- istration of estates. The home-made Will, whether in holo- graph or on a commercial printed Form, is still used surprisingly often. The difficulties arising on the adminis- tration of such Wills, may prove lucrative for Solicitors, but can be unnecessarily expensive for the beneficiaries. With the normal "do-it-yourself' job, the main loser, if things go wrong, is the well-meaning amateur himself. With a defective home-made Will it is different; the perpe- trator escapes scot free, and it is his nearest and dearest who suffer. It is surprising that in a community where there is approximately 70% house ownership and approximately 50% car ownership, there is still a very high percentage of

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