How to make a will in Ireland
Plan your estate with a legally valid will
A will is a legal document that details what you want to happen to your possessions, including money and property, after you pass away. This article explains what a will usually includes and outlines the main steps to making a will in Ireland.
Key takeaways
This involves listing your assets and considering who will inherit each one (the beneficiaries), as well as appointing an executor
To make a legally binding will in Ireland, you must be over 18 and sign it in front of two witnesses
You can update or revoke your will through minor changes, a codicil, or by drafting an entirely new will
The information provided here is for informational and educational purposes only and does not constitute financial advice. Please consult with a licensed financial adviser or professional before making any financial decisions. Your financial situation is unique, and the information provided may not be suitable for your specific circumstances. We are not liable for any financial decisions or actions you take based on this information.
Why is it important to make a will?
There’s no law requiring you to make a will in Ireland. However, a valid will helps ensure your belongings are passed on according to your wishes when you pass away.
A will, more formally known as “last will and testament”, gives you control over who inherits your assets. This could be your money, home, and any other possessions that collectively make up your estate. You can also include instructions regarding guardianship for minors and provide essential information for the executors (those who will handle your estate).
If you don’t leave a will, your estate could be distributed according to Irish inheritance law which may not reflect what you would have wanted.
How do I make a will in Ireland?
Anyone over 18 and of sound mind can make a will in Ireland. The process for making a will is generally as follows:
1: Decide who will inherit your assets
Start by thinking about who you’d like to inherit your possessions and money – they will be your beneficiaries. It’s common for an estate to be left to family members, but you can also include charities as beneficiaries. Your spouse or civil partner has a legal right to a share of your estate, even if you don’t specifically mention them in your will.
2. Choose your executor
One or more people must be chosen to act as executors. This could be a family member, close friend, or solicitor. The executor(s) will be responsible for carrying out the wishes contained in your will after you die.
3. List everything you own
This might include your home, car, or valuable personal possessions, but you could also list any savings or investments. For property outside Ireland, you may need to make a separate will that follows the laws in that country.
4. Appoint guardians for your children
If you have children under 18, you can name legal guardians who would look after them if you and the other parent passed away.
5. Write your will
You can write a will yourself (for example, using an online will template) or hire a solicitor to draft and review it for you. There are many online services offering varying levels of assistance, and you can pay extra to have a solicitor review the will.
6. Sign and witness your will
A will isn’t legally binding until it’s been signed and witnessed. Both witnesses need to see you sign the will, but they don’t need to know what’s in it. Witnesses can’t be beneficiaries or married to someone who is, or their inheritance could be invalid.
8. Keep it safe
Options for storing a will include a safe at home – as long as your executor knows where to find the key or code – or with your solicitor.
Do I have to hire a solicitor to make a will?
There’s no right or wrong answer. Hiring a solicitor ensures your will is legally valid and includes everything and everyone important to you. While the fees may be higher than doing it yourself, a solicitor can help ensure the document meets all legal requirements. Individuals with particularly complex estates may find it helpful to use a solicitor to make their will.
A DIY will can sometimes create complications for relatives later on. Writing a will yourself can lead to problems if it’s not worded, executed, or witnessed correctly. If mistakes lead to legal disputes, it can put pressure on your family and reduce the estate’s value through extra legal costs.
Using a template to make a will in Ireland
If you’d prefer to write your own will, a template can be a starting point. A will template is a ready-made document with the key sections you’ll need to fill in, sometimes with a checklist. It may be tailored to specific family situations. Once you’ve downloaded the template (or bought a printed version), you can then enter all the relevant information.
In Ireland, you may be able to find low-cost or free will templates from:
- Citizens Information
- Solicitors’ websites
- Stationery stores or online legal services
Even with a template, your will would still need to be signed and witnessed. Some providers offer a sample will as a package that includes guidance on this and how to manage probate. Even when using a template, it’s important to have a qualified professional confirm the will meets legal standards.
What to consider before making a will
When making a will, you might be unsure what to include. Here are some important things to think about before going ahead:
Funeral preferences: While not a requirement, noting whether you prefer burial or cremation can help guide your family’s decisions.
Leaving gifts: Think about any specific gifts of money or items you want to leave to people or charities. Gifts to registered charities in Ireland are usually tax-free.
Plan for special beneficiaries: An adult child with additional needs may require extra considerations. A trust is an option that can protect your assets and ensure they’re used exactly as you intended. A solicitor can advise on whether a trust is appropriate in your situation.
Remaining estate: This is what’s left of your estate after debts, taxes, and specific gifts are settled. Some people leave this remaining portion to a spouse or civil partner, but you can also divide it among other family members or beneficiaries.
Legal right share: It’s worth reading up on the legal rights of your spouse or civil partner under Irish law. They have a legal entitlement to a portion of your estate, which varies depending on whether you have children.
Inheritance tax: Inheritance tax (Capital Acquisitions Tax) could impact what your beneficiaries actually receive. Certain gifts may be taxed, but there are tax-free thresholds based on the beneficiary’s relationship to you and the value of what they inherit. Spouses and civil partners are typically exempt.
Caring for pets: Think about who you’d like to look after your pets and whether you want to leave money for their care.
- Full addresses: Include the full addresses of anyone named in your will, whether they’re receiving something or are appointed as executors.
What happens if I die without a will?
Anyone who passes away without a will in Ireland is known to have died “intestate”. In Ireland, specific intestacy laws set out how your assets will then be shared out among your family members, typically starting with your closest relatives. The laws of succession are set out in the Succession Act 1965. They cover what happens in different situations, such as when there’s a spouse or civil partner but no children, or only siblings. This gives a clear process and order to the inheritance.
When someone dies intestate, an administrator will handle that person’s estate, paying off any debts before distributing the remaining assets. This process can take longer and may involve additional legal costs for family members. It’s worth pointing out that unmarried partners do not automatically inherit anything under Irish law, regardless of how long they’ve been together.
Plan for the future with Raisin
When you’re making a will, you’re deciding how to pass on what you’ve built – making it an important part of financial planning. Separately, you might start thinking about growing your savings now to leave more for the people and causes that matter to you.
By registering for a free Raisin Account, you can access competitive savings accounts from our partner banks across Europe, including high-interest fixed term deposits and more flexible savings options. Find the right account for you, and start planning for the future today.
Frequently asked questions about making a will
How much does it cost to make a will in Ireland?
The cost of making a will depends on whether you use a solicitor or write it yourself. According to the Law Society of Ireland, solicitors will provide a written quote for a basic will, which may be either a fixed fee or an hourly-rate estimate. Solicitors’ fees generally vary depending on the complexity of the estate. A will template package may be a lower-cost alternative.
Can I give away my possessions before I die?
Yes, you can give away your possessions while you’re still alive. However, you’ll need to be aware of the tax implications. When you give away assets or money, the recipient may have to pay Capital Acquisitions Tax (CAT), depending on the amount and their relationship to you. CAT is often referred to as inheritance tax, but it also applies to gifts made during your lifetime.
In Ireland, you can receive up to €3,000 tax-free from any one person in a calendar year under the small gift exemption. Each donor can give that amount to the same recipient, so a couple could, in effect, gift up to €6,000 per year to the same person without triggering CAT.
Who can see a will in Ireland?
The executor is the only person who can access a will immediately after death. Beneficiaries have the right to know about the parts of the will that affect them, but they aren’t entitled to see the entire document.
A grant of probate is an official document that validates a deceased person’s will and enables the executor to distribute the estate. After probate is granted, a will becomes a public document, meaning anyone can request a copy from the relevant probate office. The will itself might show the names of the executors, beneficiaries, and the assets being passed on. However, detailed valuations are recorded separately in probate paperwork and aren’t automatically available to the public.
For more on probate and obtaining a copy of a will, you can refer to the Courts Service website.
How can I update, change, or revoke my will?
There are a few different ways to change or revoke a will.
For small changes, you can use a codicil (an addition or amendment) with witness signatures to confirm the changes.
For more significant updates, you may choose to draft a new will, as this automatically cancels earlier versions.
As set out in the Succession Act 1965, a will is automatically revoked if you marry or enter a civil partnership (unless your will was made with this in mind).
Your will can also be revoked if it’s physically destroyed – such as being burned or torn – by you or by someone else in your presence and with your permission. To avoid any misunderstandings, this must be done with the clear intent to cancel the will.
You may wish to seek legal advice to confirm that any changes you make are legally valid.
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