Wills

about wills

In Ireland, creating a will is an important step in ensuring that your assets are distributed according to your wishes after your death. The process must meet certain legal requirements to be valid, and it is highly recommended that you seek legal advice or assistance when preparing a will to ensure it complies with Irish law.

Divorce

Key Steps to Make a Valid Will in the Republic of Ireland:

1. Understand the Legal Requirements:
  • Age: You must be at least 18 years old.
  • Mental Capacity: You must be of sound mind, meaning you understand the nature of the document and its effects.
  • Witnesses: The will must be signed by the testator (the person making the will) and witnessed by two independent witnesses, who must also sign the document in your presence.
2. Decide What to Include in the Will:
  • Personal Details: Your full name, address, and any other identifying information.
  • Appoint an Executor: Choose a person to administer your estate (ensure they are willing to accept the role).
  • Assets Distribution: Specify how you want your property, money, and possessions divided. You can include specific bequests to family, friends, or charities.
  • Guardianship of Children: If you have children under 18, you can appoint a guardian to care for them.
  • Funeral Wishes: You can outline your preferences for your funeral arrangements, but this is not legally binding.
3. Writing the Will:
  • Formal Language: Use plain language and specify each gift, legacy, and bequest. Avoid ambiguity.
  • Residuary Clause: Include a clause to address any assets not explicitly mentioned in the will.
  • Date and Signature: Always date the will and sign it at the end. It should be signed in the presence of your witnesses.
4. Witnesses:
  • The two witnesses must be over 18 and not beneficiaries of the will.
  • The witnesses should be present when you sign the will, and they must also sign the document to confirm that they saw you sign it.
  • Ensure that your witnesses know they are witnessing the will but do not need to know the content of the document.
5. Keep the Will Safe:
  • You can store your will in a safe place, such as with a solicitor, a bank, or a secure personal location.
  • Make sure the executor knows where to find the will upon your death.
6. Revoking or Updating the Will:
  • If you make changes to your will, make sure to revoke the previous one by stating in the new will that it revokes all previous wills.
  • It is a good practice to review and update your will regularly, especially after significant life events like marriage, divorce, or the birth of children.

Sample Basic Will:

Here is a basic template you could use as a starting point:

Last Will and Testament
I, [Your Full Name], of [Your Address], being of sound mind, do hereby declare this to be my last will and testament.
1. Revocation of Previous Wills:
I revoke all previous wills and codicils made by me.
2. Appointment of Executor:
I appoint [Executor’s Full Name], of [Executor’s Address], as the executor of my will.
3. Bequests:
o I give and bequeath [Description of Asset] to [Beneficiary’s Full Name and Relationship].
o I give and bequeath [Description of Asset] to [Beneficiary’s Full Name and Relationship].
4. Residuary Clause:
I direct that the remainder of my estate, including all property not specifically bequeathed, shall be distributed to [Beneficiary’s Full Name and Relationship].
5. Guardianship:
In the event that my children are under 18 at the time of my death, I appoint [Guardian’s Full Name] as the guardian of my children.
6. Funeral Wishes:
I wish for my funeral to be conducted in the manner of [specify preferences, if any].
In witness whereof, I have signed this last will and testament on this [Day] of [Month, Year].
________________________________________
Signature of Testator: __________________________
Witnesses:
Witness 1:
• Name: [Witness 1 Name]
• Address: [Witness 1 Address]
• Signature: ____________________________
• Date: [Date]
Witness 2:
• Name: [Witness 2 Name]
• Address: [Witness 2 Address]
• Signature: ____________________________
• Date: [Date]

Additional Notes:

  • Legal Advice: While you can write a will yourself, consulting a solicitor is advisable to ensure it meets all legal requirements and is valid.
  • Inheritance Laws: Under Irish law, if you do not leave a valid will, your estate will be distributed according to the laws of intestacy, which might not align with your wishes.
If you are considering drafting a will, it is wise to either consult a solicitor or use an online service for further guidance. Would you like more help with any of the details or additional questions on how to proceed?
ONLINE RESOURCES
Clear advice is available from the Citizens Information https://www.citizensinformation.ie/en/death/before-a-death/making-a-will/
The commercial website lastwill.ie allows you to apply online to draw up your legal will ready to be signed with your witness and submitted to a solicitor.
Legal fees