10 Top Questions about Making a Will in Northern Ireland

Making sure your affairs are in order can feel overwhelming.  Not only can it be an emotional task, but the law in this area is also complex, and there’s no one-size-fits-all approach. 

It can be difficult to know where you stand today and what you need to do to ensure that your assets will go where you expect them to in the future. 

While it’s vital to seek expert legal advice to manage your will and estate planning, we’ve outlined below ten of the most common questions clients ask about organising their affairs to help get you started.

What happens to money held in a joint bank account if my spouse dies?

In the first instance, if your spouse dies, any money in the joint account will automatically pass to you, so you’ll still have access to it. 

You’ll most likely need to provide the bank with the death certificate, and they’ll then transfer the account into your name. 

Your spouse’s half will still be recorded on their inheritance tax return and will be included in their assets for tax calculation purposes. 

Can I still access the money I put into my spouse’s bank account if they die?

As this is likely a solely held account, it would be frozen upon death, so any money already in the account will be inaccessible until you have a grant of probate in place permitting you to access it. 

Any mandate you had will be stopped along with any other direct debits and standing orders active on the account, so you may need to redirect the mandate elsewhere, especially if it’s money you rely on, such as your salary. 

If you are a beneficiary of the estate, you would be exempt from inheritance tax, so you won’t pay inheritance tax on any money that is currently held in the account. 

Can I leave a handwritten note with my directions as last will and testament? 

Unfortunately, no. There are strict rules in place for what constitutes a valid will in Northern Ireland, so unless these formalities are observed, any wishes will not be enforceable. 

It’s also vital that witnesses to the will are not beneficiaries of the will or family who would inherit any elements of your estate should there be partial intestacy. 

Do you have to pay inheritance tax on a jointly owned property if one spouse is still alive?

If the property is jointly owned by both of you and one of you passes away, the remaining spouse will inherit the property through the law of survivorship, so on the death of the first spouse, there is no inheritance tax to pay. 

However, when the second spouse dies, inheritance tax may be due on the property, depending on the value of the second spouse’s estate. 

If you’re a homeowner over 55, you may wish to set up a Property Protection Trust Will. These settle the first spouse’s share of the house into the trust, rather than passing directly to the second spouse. 

The second spouse can still benefit from the other share of the property, but it won’t be personal capital, so won’t be used to assess care home fees. 

Does a public servant need to witness my will, or can my family do it? 

A will doesn’t have to be verified by a solicitor or civil servant to be valid, but it must adhere to the statutory requirements for a valid will in Northern Ireland. 

Family members are able to witness your will, as long as you don’t intend them to benefit from it or from partial intestacy on your estate. This is because witnesses to a will cannot benefit from it.  

A family member gave me a large gift of money. Do I need to declare it?

If the relative who gifted you the money died within seven years of giving it to you, you may need to declare it, as it will still form part of their estate. 

On your death, the money will be declared, as it will automatically form part of your estate.

Can I gift inheritance property in my will that I don’t yet own?

Yes, you can include property you expect to inherit in your will. There will just need to be a provision in the will that that gift may fail if you don’t actually own it at the time of your death. 

What happens to my inheritance property if I die before my parents?

As with the question above, if you’ve included property not yet inherited in your will, and die before you inherit it, the gift of that property will fail, but it doesn’t necessarily invalidate the entire will.

Your parents can also extend the legacy to the property beyond you in their will. This can look something like this: 

‘I leave £50,000 to my son Brian absolutely, and in the event he predeceases me, to his children who survive me in equal shares absolutely.’ 

What about overseas assets? Can I leave foreign property to someone in my will?

As property is classed as an immovable asset, the law of the land the property is located in dictates whether you can leave it to chosen beneficiaries or if it must be passed down to blood relatives. 

So, if you have foreign assets, it’s important to seek legal advice from a qualified solicitor in that jurisdiction.  While you can reinforce your wishes by stating in your Northern Ireland will that it covers your worldwide assets, without appropriate advice, there’s a risk it could fail. 

At the same time, if you’ve already got a foreign will and are making a will in Northern Ireland, it’s important to talk to your solicitor to avoid revoking the existing one. 

How often should I review the contents of my will and estate plan?

There aren’t any restrictions on how often you can review your will, so feel free to review it as often as you’d like. 

At a minimum, you should review your will at least every five years, and after any major life change such as having a baby, getting married or divorced, or moving home. 

You can change your will in two ways: either by adding a note to your existing will, called a codicil, or by creating a new will. 

Knowing how best to prepare your affairs for the future is complex and can create unwanted outcomes if you get it wrong. So, if you’d like to get your assets in order, or you’re a homeowner over 55 and you haven’t made a Property Protection Trust Will, Get in Touch today. 

FAQs 

How much does a will cost in Northern Ireland? 

The cost of a will depends on what service and the type of will you need.  At Wilson Nesbitt, we offer a wide range of will-writing services, from cost-efficient online or postal wills with phone assistance, through to in-person consultations at our offices, or at your home, or at your hospital or hospice bed.   Prices vary from online or postal wills through to complex trust nursing home & inheritance tax succession planning wills.  

Contact us – we will provide you with a free, no-obligation online or postal questionnaire to complete.  When we receive your completed questionnaire, we will price the cost of the will you want on a no-obligation basis. Get in touch today. 

Do you need a solicitor to make a will in Northern Ireland? 

While there’s no legal requirement to use a solicitor to make your will, it is, however, advisable to seek expert legal advice, as the requirements for a will to be valid are strict, and if drafted incorrectly, could make the will invalid and your wishes may not be carried out. 

What happens if someone dies without a will in Northern Ireland? 

If a person dies without a will, then what happens to their estate must follow the laws of intestacy.  This means that assets go to a spouse or civil partner, then blood relatives if not married.  It’s vital to make a will if you want to make sure your assets will be passed on according to your wishes.