How to make a will in Ireland

A will is a legal document that details what you want to happen to your possessions, including money and property, after you pass away. In this article, we’ll cover why it’s important to make a will, what to include, and the steps to making one. We’ll also answer some of your frequently asked questions about wills.

There’s no law requiring you to make a will, and indeed many people pass away without one. However, having a will in place is generally seen as a responsible way of passing your belongings on to the people you choose and making the process easier for your loved ones after you’re gone.

A will, more formally known as “last will and testament”, gives you control over who inherits your financial assets and other sentimental items. You can also include instructions regarding guardianship for minors and provide essential information for those handling your affairs.

If you don’t leave a will, your estate will be distributed according to Irish inheritance laws. This may not be exactly what you wanted, which underscores why it’s so crucial to have one.

Making a will isn’t just for those nearing the end of life – it’s something any adult can do. If you have valuable possessions, like a home or inherited jewellery, a will gives you the peace of mind that these items will end up in the right hands. And even if you don’t, you may have bank savings or pets that count as part of your estate, and a will allows you to provide clear instructions for them as well.

Anyone over 18 and of sound mind can make a will in Ireland. It must be written, and to be legally binding, you need to sign it in front of two witnesses who are present at the same time (they don’t need to see what’s inside, just witness your signature).

Here are some key terms to understand:

• The person who makes the will is known as the testator. 

• The executor is the individual responsible for carrying out the testator’s instructions. This might be a family member, such as a spouse or adult child, but it can also be a solicitor or other professional, particularly if the estate is complex.

• Anyone who receives a gift or inheritance through the will is called a beneficiary. 

You can write a will yourself or hire a solicitor to take care of it for you. There are many online services that offer varying levels of assistance, and you can pay a bit extra to have a solicitor review the will.

A word of caution, however: a DIY will might save you money, but it can create complications for your relatives later on. There are many potential pitfalls if you write a will yourself, primarily due to the complex laws in Ireland. If a will isn’t properly worded, executed, or witnessed, it could create legal issues, forcing your loved ones to spend money seeking professional help. It can also lead to family disputes.

Hiring a solicitor ensures your will is legally valid and includes everything and everyone important. While the fees may be higher, it can provide peace of mind knowing everything is done correctly. You might want to consider what items, savings, or assets you want to include in your will. The more complex your estate, the more you may benefit from a solicitor’s help.

There are several core elements that need to be included in a will to make it legally sound, including:

1. Your personal details: Start with your full name and address to identify yourself.

2. Revocation statement: This is a line in your will that says you revoke any previous wills or changes (called codicils), making it clear that only this current will is to be followed.

3. Executors: Appoint one or more executors to carry out the instructions in the will. You’ll need to include their names and addresses.

4. Signature and witnesses: Your will must be signed and dated by you. It also needs to be witnessed by two people who can confirm they saw you sign it.

There are some optional extras you might want or need to include:

• A residual clause, which sets out what should happen to any property not specifically mentioned in the will.

• Your wishes regarding funeral arrangements to ease the burden on your family.

• If you have minor children, appoint guardians to look after them.

• If you own property in other countries, you might consider making separate wills in those jurisdictions, as laws might be different there.

When making a will, you might be unsure what to include. Here are some important things to think about before going ahead:

• Choosing executors: Given that the executors will be managing your estate after you’re gone, it’s important to choose wisely. You can opt for trusted family members, friends, or even a solicitor if you prefer. It’s recommended to have at least two executors to share the workload.

• Funeral preferences: You don’t have to include your funeral wishes in your will, and it can be a sensitive topic. However, noting whether you prefer burial or cremation can be a big help to your family. Keep in touch with them and notify them if your preferences change.

• 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, so this can be an ideal way to support causes you care about.

• Guardians for minor children: If you have children under 18, think about who you’d like to appoint as their guardians in case you and their other parent pass away. Of course, you’d need to discuss this with the other parent and the chosen guardians to make sure they agree.

• Remaining estate (residuary estate): This is what’s left of your estate after debts, taxes, and specific gifts are settled. The value of this portion can fluctuate over time, so it’s not a fixed amount in the will. You can leave the entire estate to your spouse or civil partner, or set it up so they receive income while others inherit the remainder after their passing. Many people leave this to their spouse or partner, but you can choose other beneficiaries as well.

• 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. Ignoring this could lead to disputes, so make sure you understand these rights when drafting your will. 

• Inheritance tax: Inheritance tax (Capital Acquisitions Tax) is another aspect to consider when making a will because it impacts what your beneficiaries will actually receive. Certain gifts may be taxed, but there are tax-free thresholds based on the beneficiary’s relationship to you. 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: Make sure to include the full addresses of anyone named in your will, whether they’re receiving gifts or are appointed as executors.

Anyone who passes away without a will in Ireland is known to have died “intestate”. In this case, an administrator will handle your estate, paying off any debts before distributing the remaining assets to your closest relatives. It can be more costly for relatives than if a will has been left.

In Ireland, specific intestacy laws set out how your belongings, savings, and other assets will be shared out among your family members if you pass away intestate.

This is known as the laws of succession. 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, and can potentially reduce the chances of disputes among family members.

It’s worth pointing out here that unmarried partners do not automatically inherit anything under Irish law – no matter how long you’ve been together. This is perhaps another strong reason for making a will.

Making a will is one step in providing for your family after you’re gone. With that in mind, you might start thinking about growing your savings to add more to your legacy. 

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The amount you pay to make a will depends on whether you use a solicitor or write it yourself. Writing your own will can keep costs down, but hiring a solicitor means it is guaranteed to be legally valid. Solicitors can also offer you helpful advice, especially for more complicated inheritance situations.

For a simple will, you can expect to pay between €150 and €300. If your will involves more intricate arrangements, costs can rise to €1,000 or more. Joint wills can also command higher costs, as they involve more than one person’s wishes. Interestingly, if you’re buying a house in Ireland, some solicitors may offer to draft a simple will at no extra charge, which can be a nice benefit for first-time buyers.

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 gift your items, the recipient might have to pay Capital Acquisition Tax (CAT). This inheritance tax can also apply if someone inherits your assets after your passing.

To make things easier, you can gift up to €3,000 to each family member each year without having to pay CAT. This limit is per person, so if you’re married or in a civil partnership, both you and your partner can gift €3,000 to the same recipient without any tax implications. This can be an ideal workaround if you want to avoid burdening the beneficiary with tax.

After probate is granted, a will becomes a public document, meaning anyone can request a copy of the will and grant of probate. This document includes basic information, such as the executor’s name and address, the solicitor (if any), and the estate’s gross and net values. Detailed information about the estate, however, is generally not available to the public. Only a few select people can view the financial information and other contents of the will.

The executor is the main person who can access your will after you pass away. They don’t need to have seen it before your death; they are simply there to make sure your wishes are fulfilled. Beneficiaries and those entitled to a share of the estate have the right to know about the parts of the will that affect them, but they may not see the entire document. Instead, they will be told what they are set to inherit.

For more on obtaining a copy, you can refer to the Courts Service website.

There are several different ways to change or revoke a will.

1. For small changes, you can simply initial or sign next to the updates on the original will. You can also add a signed, dated note (called a memorandum) with witness signatures to confirm the changes.

2. For more significant updates, you can create a separate document known as a codicil, which sets out the changes you want to make. This document must also be signed by you and your witnesses to be legally valid.

3. If you need to make extensive changes, it might be easier to draft a new will. This automatically cancels your old will.

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.