1.  Conditions that could be deemed void for uncertainty.

For example, I give my house to my son for as long as he needs a house and thereafter the house is to be sold and the proceeds divided equally between all of my children. Conditions like this are subject to interpretation and difficult to administer. These type of loosely worded conditions should be avoided. You should discuss your intentions with your solicitor to ensure the appropriate conditions can be prepared for the will.

2. Wishes.

Your will should be clear and certain. Do not state what you wish your beneficiaries would do with their gift. For example, I give my holiday home in Kerry to my son and it is my wish that he would let my extended family use it when they desire. You should discuss your wishes with your solicitor, who can advise you on how to achieve the desired result.

3. Pets.

Of course you want your pets to be looked after, but you should make the appropriate arrangements outside the scope of your will.

4. Reference to documents that are not attached to the Will.

If you have made a list of jewellery or household items that you want to be distributed, you should bring that list with you to your solicitor and ensure that it is incorporated into your will. Similarly, you may wish to refer to a map in a will when disposing of property and this map should form part of your will.

5. Conditions that could be deemed void for being against public policy.

For example, I give my house to my son on condition that he finishes college. The Courts are slow to uphold these restrictive type of conditions and often deem the condition to fall away, leaving the bequest to the person without any condition attached. It is wise to consider the condition carefully to ensure it is not offensive or against public policy.

Madden Law specializes in Wills and Probate. Contact us for further assistance.