THE IMPORTANCE OF MAKING A WILL
The recent landmark judgment in relation to a Ballycastle-based has
highlighted the importance of making a will. On 8
th September 2009, Judge Deeny handed down a judgment awarding £250,000 of the late Mr Seamus Kane’s £856,780.00 estate, to Miss Ann Mulholland. The Learned Judge described Miss Mulholland as a ‘hardworking and industrious’ woman who performed ‘considerable work….with the deceased’.
Miss Mulholland had left school at 16 and commenced a thirty year relationship with Mr Kane working on Mr Kane’s farm during evenings and at the weekends having spent the day working in a local factory in Ballycastle. This would involve not only helping with the lambing season but dosing sheep, dipping them and helping with clipping and other tasks. Miss Mulholland sacrificed much for this relationship and Mr Kane had assured her that she would always have ‘a roof over her head and some land.’
Mr Kane however failed to make his intentions clear and died intestate on 19
th March 2004. The distribution of his Estate therefore fell to be decided in accordance with the Administration of Estates Act (Northern Ireland) 1955. This meant that Mr Kane’s brother and sister would have received the entire Estate leaving Miss Mulholland with nothing giving rise to a very acrimonious situation.
This recent judgment has served as a reminder of the importance of making a will to ensure the certainty of your intentions. Not to be left until the last minute, your will is one the most important legal documents you will ever make and therefore requires much thought as well as good legal advice. Berkeley White Solicitors will be happy to advise any adult wishing to make a will.