TheHodCarrier
9 years ago
Hi Ruby,
There is no legal requirement for a Will to be prepared by a lawyer.
But there are legal requirements for the construction and contents of a Will: rules about witnesses, etc. I wrote the Wills of both of my now deceased parents, and also did both Probates/Administration, and there were no particular problems - and certainly a few years ago, [goverment] Probate Offices were very helpful, to laymen who were applying for probate themselves (I think the term is 'application in person').
But it depends 'how nerdy you are' (I would NOT recommend using a 'Will form' {online or paper} - if you are writing your own Will, you need to do some reading up) and also how complicated the situation is. If there are lots of different beneficiaries, and if there is property to be transferred, or assets abroad (which includes in Ireland) it would almost certainly be best to use a lawyer to create the Will (although I would recommend that you do NOT make the lawyer an executor - and definitely do NOT make a 'bank' an executor). If your dad is leaving everything to just one person, such as a wife, and any property is already held as Joint Tenants (from memory), the challenge of writing your own Will and getting it right, is much reduced.
Most people will use a lawyer to create the Will, 'for peace of mind'.
Your dad might also consider making one or more of his family a Welfare Attorney under the Lasting Powers of Attorney Act (and if he decides to do that, he should do it as soon as possible) - in theory, provided he give the right powers to his attorneys, if he loses the capacity to make his own decisions about his healthcare as he becomes more ill, his attorneys are empowered to make the decisions (this does not always work out that way - some doctors and nurses, and especially paramedics, act illegally by failing to respect the best interests decisions made and expressed by attorneys [although sections 6(6) and 6(7) of the Mental Capacity Act, and section 7.29 of the MCA's Code of Practice could hardly be any clearer !]. There is a cost to using the LPA to appoint an attorney(s).
He can also use the LPA to appoint a different type of attorney, who could control his financial affairs if he loses the mental capacity to continue doing that himself - also worth considering.
I hope you get some more responses from others, and I'm sorry about your dad's illness,
Best wishes, Mike