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g a z e t t e
april
1982
"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
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. •
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