How to Write a Will in Ireland: A Plain English Guide

Writing a will is one of those tasks that sits on the to-do list for years, often because it feels like it requires a solicitor's office, a complicated form, and a difficult conversation. In reality, the legal requirements are short and clear, and getting them right now means your family will not be left guessing, or worse, left with a result the law decided for you. 💚

This guide covers what makes a will valid in Ireland, what happens if you do not have one, and the things worth knowing before you write or update yours.

1. Why making a will matters, and what happens if you don't

If you die without a valid will, your estate is distributed according to the Succession Act 1965, not according to what you might have wanted. The rules are fixed: a spouse or civil partner with no children gets everything, a spouse or civil partner with children gets two-thirds while the children share the rest, and children with no surviving spouse share the estate equally between them.

These rules do not make any allowance for unmarried partners. If you are cohabiting but not married or in a civil partnership, your partner has no automatic right to any part of your estate, no matter how long you have lived together. A will is the only way to make sure they are provided for.

Simple action: If you are in a long-term relationship but not married or in a civil partnership, treat making a will as a priority. Without one, your partner could be left with nothing, even if you have shared a home for decades.

2. What makes a will legally valid in Ireland

A will does not need to be written by a solicitor to be valid, but it must meet a specific set of requirements. You must be over 18 and of sound mind, meaning you understand and can decide what you are doing. The will must be in writing, and you must sign or mark it at the end, in the presence of two witnesses who are present at the same time.

Your two witnesses then need to sign the will in your presence as well. They do not need to read or know the contents of the will, they are only confirming that you signed it. One important rule: if you leave a gift to someone who acts as a witness, or to their spouse or civil partner, that gift becomes invalid, even though the rest of the will still stands.

💡 Tip: If a family member is in the early stages of a condition like dementia but can still understand what they are signing when it is explained clearly, a letter from their GP confirming they had the mental capacity to make a will at that time can help avoid disputes later.

3. What your will should include

There is no fixed format for a will, but a few elements make it far less likely to cause confusion later. Start with your name and address, and a statement revoking all earlier wills and codicils, so there is no ambiguity about which document applies.

You should appoint one or more executors, the people responsible for carrying out your wishes, and include their names and addresses. A residuary clause is also worth including. This covers anything not specifically mentioned elsewhere in the will, for example stating that anything not otherwise listed should go to your spouse. Without one, anything left out falls back under the intestacy rules, even if the rest of your will is valid.

Example: If you specifically leave your car to one person and your savings account to another, but do not mention a small investment account, a residuary clause decides what happens to that account. Without it, the investment account would be distributed as if you had no will at all.

4. The legal right share: why you can't leave your spouse or civil partner out

Under the Succession Act, your spouse or civil partner has a legal right share of your estate, regardless of what your will says. If you have no children, this share is one-half of your estate. If you have children, it is one-third, with the remaining two-thirds divided among your children.

This means a will that leaves your spouse or civil partner nothing is not enforceable as written. They are entitled to claim this share even if the will says otherwise. Children do not have the same automatic entitlement, but they can apply to court under Section 117 of the Succession Act if they believe they have been unfairly left out.

💡 Tip: Marriage or entering a civil partnership automatically revokes an earlier will, unless that will was made specifically with the marriage or civil partnership in mind. If your circumstances have changed since you last wrote a will, including a new marriage, divorce, or the birth of grandchildren, it is worth checking whether your existing will is still valid.

5. Inheritance tax basics: what your beneficiaries could owe

Capital Acquisitions Tax (CAT) applies to gifts and inheritances above certain thresholds, and the amount depends on the relationship between the person giving and the person receiving. Since 2 October 2024, a child can inherit up to €400,000 from a parent tax-free (Group A). Other close relatives, such as siblings, grandchildren, or parents, have a threshold of €40,000 (Group B), and anyone else, including more distant relatives or friends, has a threshold of €20,000 (Group C).

Anything above the relevant threshold is taxed at 33%. Gifts and inheritances between spouses or civil partners are exempt from CAT entirely, so leaving assets to a spouse does not create a tax bill for them.

Simple action: If you are leaving a significant inheritance to someone outside your immediate family, such as a niece, nephew, or close friend, it is worth checking which CAT group they fall into. A gift that feels modest to you could still create an unexpected tax bill for them.

6. DIY vs. solicitor, property abroad, and keeping your will safe

You can write your own will, as long as it meets the legal requirements above, or you can have a solicitor draft it for you. There is no set fee for solicitors, so it is worth getting a few quotes, particularly if your situation involves more than straightforward family arrangements.

If you own property in another EU country, it is worth getting advice on how it is treated. Under EU rules known as Brussels IV, you can direct in your will that the law of your nationality should apply to property you own in another EU member state, apart from Denmark. Without this, that property could be subject to a different country's succession laws entirely.

Once your will is signed and witnessed, keep it somewhere safe, such as with your solicitor, in a fireproof box at home, or with the Probate Office, and make sure your executor knows where to find it. A will that cannot be located when needed creates exactly the kind of delay and uncertainty that making a will was meant to prevent.

Making a will is not about expecting the worst, it is about making sure the people you care about are not left to navigate a difficult time without clear answers. Once it is done, it is one less thing to worry about, and something you can revisit any time your circumstances change. 💛

If you are also thinking about who could manage your affairs if you become unable to, our guide on Lasting Power of Attorney covers the equivalent planning for your finances and care while you are alive. For more support, visit our Assistance page or explore the Una guides.