pexels-ekaterina-bolovtsova-6077326

Judge Warns of Home-Made Wills

A recent High Court case before Ms. Justice Stack involved a home-made Will created from internet templates. The judge cautioned that using such templates is likely to cause interpretation difficulties. The case centred around William John Murphy, who died in November 2021, unmarried and without children. His Will, drafted using internet templates, led to confusion regarding the distribution of his assets.

 

The judge noted that the use of an online template “significantly reduced” the assets available for distribution to beneficiaries. The applicants, three of Mr. Murphy’s nieces and nephews, took the case to the High Court for the Will’s interpretation. The judge remarked that, had they not brought the case, the Executor, Mr. Murphy’s brother Brendan Murphy, would likely have had to seek interpretation as well.

 

The Will contained confusing and contradictory clauses, and the judge had to determine whether it was void due to uncertainty. Mr. Murphy’s estate included a house and lands worth about €335,000, and a credit union account worth €23,000, yet the Will only allocated €298 to beneficiaries. The Will also listed six other nieces and nephews under “additional provisions,” which stated that “any monies” would be divided among them after funeral expenses were paid.

 

Additionally, the Will included a clause stating that any beneficiary who contested the Will would forfeit their entitlement. The judge ruled this clause void as it was contrary to public policy.

 

Despite the Will’s confusing language, the judge decided it was not void for uncertainty. The case highlighted the risks of using internet templates, especially as Wills must comply with Irish law under the Succession Act, 1965. Professional advice is strongly recommended when creating or updating a Will.

 

Goodman and Others v Murphy [2023] IEHC 383.

Speak to A Specialist Solicitor

Wherever you are in Ireland, our team of experienced solicitors are ready to talk to you about your case. Just call  071 9621846 or email info@carolmccormacksolicitors.ie Alternatively, request a callback or send us a message and we will get right back to you.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Get in Touch

We will process your data in accordance with our Privacy Policy. Withdraw this consent at any time.
Scroll to Top