Introduction
Many people in Ireland put off making a Will. Some think it’s too early, others believe they don’t own enough to make it worthwhile. But the truth is, a Will is one of the most important legal documents you can create — no matter your age or wealth.
A Will lets you decide what happens to your property, savings, and possessions after you die. It allows you to provide for loved ones, avoid confusion, and make your wishes known. Without one, those decisions are left to the law — and not always in ways that reflect what you would have wanted.
In this article, we explain in plain terms why every adult should make a Will in Ireland, what happens if you don’t, and how to ensure your Will is legally valid and clear.
What Is a Will and What Does It Do?
A Will is a legal document that sets out how you want your money, property, and personal items to be distributed after your death. It also allows you to name someone to carry out your wishes — known as your executor — and can include instructions for guardianship of your children if needed.
Your Will takes effect only after you die. Until then, you are free to change it at any time. The Will provides a clear, written record of your intentions, helping to avoid disputes and confusion among your family or friends.
Wills can cover anything from your house and savings to sentimental items like jewellery or family heirlooms. You can also leave money or gifts to charities, friends, or anyone you choose. It puts you in control of how your legacy is handled.
Why Everyone Should Make a Will
You don’t need to be wealthy to make a Will. Most people have more than they realise — whether it’s a house, a car, savings, or even a few personal items that hold meaning. A Will ensures that these are passed on according to your wishes.
Without a Will, your loved ones may face delays, legal costs, and disagreements. A Will can reduce the emotional strain at an already difficult time. It removes uncertainty and gives your family clear instructions to follow.
Making a Will is not just about money. It’s also about care, fairness, and peace of mind. You decide who gets what, and you can leave personal messages or gifts that reflect your values. It’s one of the simplest ways to protect your family’s future and avoid avoidable stress.
What Happens If You Die Without a Will?
If you die without a valid Will in Ireland, your estate is divided according to intestacy laws. These rules are fixed and do not take personal wishes or relationships into account. The law sets out a strict order of who inherits — starting with your spouse or children, then extending to more distant relatives.
For example, if you die leaving a spouse and children, your spouse gets two-thirds of your estate, and your children share the remaining third. If there’s no spouse or children, the estate passes to your next of kin. If no relatives can be found, the state may inherit everything.
This process can lead to outcomes you might not expect. Unmarried partners, close friends, or carers have no automatic right to inherit. Families can fall into dispute, and the process of administering the estate can take much longer and become more costly.
Choosing an Executor: Who Will Carry Out Your Wishes?
Your executor is the person responsible for managing your estate after you die. Their job is to carry out the instructions in your Will, deal with paperwork, and distribute your assets to the right people.
You can choose anyone over 18 who is Willing and able to take on the role. Many people choose a spouse, child, sibling, or trusted friend. You can also appoint your solicitor if you want professional support. It’s also possible to appoint more than one executor to share the responsibility.
It’s important to tell the person you’ve chosen that they’re named in your Will. They should understand your wishes and be confident about handling the legal and financial responsibilities. Your solicitor can guide you on choosing the right person and making sure they have everything they need when the time comes.
Can a Will Be Challenged?
Yes. In some cases, a Will can be contested after death. This usually happens when someone believes they were unfairly left out or that the Will is invalid. Common reasons include claims of undue influence, lack of mental capacity, or improper execution of the Will.
In Ireland, spouses and dependent children have certain legal rights. A spouse is entitled to a minimum share of the estate, even if the Will says otherwise. Similarly, a child who was financially dependent on the deceased may be able to apply to the court for proper provision.
You can reduce the risk of challenges by being clear and specific in your Will. Explain your choices, especially if you’re leaving someone out. Use a solicitor to ensure your Will meets all legal requirements and is witnessed properly. Good legal advice helps prevent disputes and keeps your wishes protected.
How to Make a Valid Will in Ireland
To be legally valid in Ireland, a Will must meet certain conditions. You must be over 18 (or married), and of sound mind. The Will must be in writing and signed by you in the presence of two witnesses. These witnesses must also sign the Will, but they cannot be people who stand to benefit from it.
A solicitor Will help you get this right. They’ll ensure your Will is clearly worded, legally sound, and reflects your intentions. They’ll also help you think through important details — such as who should get what, what happens if a beneficiary dies before you, and how to handle debts or taxes.
One of the most common mistakes people make is using a template or writing their own Will without legal advice. This can lead to serious problems later, even if the intentions were clear. A badly drafted Will can be ruled invalid, leading to delays, disputes, and extra costs. It’s always worth getting expert help.
CONCLUSION
Making a Will is a simple but essential step in protecting your family and your wishes. It ensures your assets go where you want, reduces the burden on your loved ones, and brings peace of mind knowing your affairs are in order.
A Will isn’t just for the elderly or the wealthy. It’s for anyone who wants to make things easier for their family. Whether your estate is large or small, having a clear and valid Will is one of the most responsible decisions you can make.
At Nooney & Dowdall Solicitors, we guide clients through the process of making a Will with care and clarity. If you’re ready to plan ahead and protect your future, contact us today to get started.
FREQUENTLY ASKED QUESTIONS
1. Can I make a Will without a solicitor?
Yes, but it’s not advised. Mistakes can lead to your Will being ruled invalid. A solicitor ensures your Will is legally sound and properly witnessed.
2. How often should I update my Will?
Review your Will every few years or after major life events such as marriage, divorce, or the birth of a child.
3. What happens if I get married after making a Will?
Marriage cancels any previous Will unless it states otherwise. You should always update your Will after getting married.
4. Can I leave someone out of my Will?
Yes, but if they are financially dependent on you (e.g. a child or spouse), they may still have a legal claim on your estate.
5. Is a Will made in another country valid in Ireland?
Possibly, but it depends on the laws of both countries. It’s best to make a separate Will for assets in different jurisdictions.
