Making a will is one of those things most of us know we should do — and yet a surprising number of people in Ireland never get around to it. According to research, roughly half of Irish adults do not have a valid will. It is one of the most important legal documents you will ever create, and putting it in place is far simpler than you might think.
Whether you are in your 50s and starting to think about the future, or older and wanting to update an existing will, this guide walks you through what you need to know — including the Irish legal framework, how to get started, and the common pitfalls to avoid.
TL;DR
- Roughly half of Irish adults do not have a valid will — dying intestate means the Succession Act 1965 decides who gets what, which may not match your wishes.
- A valid will in Ireland requires you to be over 18, of sound mind, and to sign in the presence of two witnesses (who cannot be beneficiaries).
- You should review and update your will after major life events: retirement, bereavement, grandchildren, property changes, or a change in health.
- Solicitor-drafted wills typically cost €150–€400 and are the safest way to ensure your will is legally sound.
- Pair your will with an Enduring Power of Attorney (EPA) and Advance Healthcare Directive for comprehensive future planning.
Why Having a Will Matters
If you die without a will — known legally as dying intestate — the Succession Act 1965 determines how your estate is divided. The rules are rigid: your spouse or civil partner and children inherit in set proportions, and if you have neither, the estate passes to parents, siblings, or more distant relatives. There is no room for personal wishes, charitable gifts, or provision for a long-term partner who is not a spouse.
A valid will lets you decide who inherits your property, savings, and possessions. It also allows you to:
- Appoint guardians for dependent children or adults in your care
- Name an executor you trust to carry out your wishes
- Make specific bequests — a family heirloom to a grandchild, a donation to a charity you care about
- Minimise potential family disputes during an already difficult time
For older adults in particular, a will provides peace of mind — for you and for your family.
What Makes a Will Valid in Ireland?
Under Irish law, a valid will must meet these requirements:
- Age: You must be 18 or over (or married)
- Mental capacity: You must be of sound mind and understand what you are doing
- In writing: The will must be written (typed or handwritten)
- Signed: You must sign (or mark) the will in the presence of two witnesses
- Witnesses: Both witnesses must be present at the same time, must see you sign, and must then sign the will themselves. Crucially, neither witness (nor their spouse) can be a beneficiary of the will
There is no requirement to use a solicitor, but it is strongly recommended. A poorly drafted or improperly witnessed will can be challenged or declared invalid — and the consequences for your loved ones can be significant.
What to Include in Your Will
A straightforward will typically covers:
- Your executor — the person responsible for administering your estate. Choose someone you trust, and consider naming an alternate in case your first choice is unable to act.
- Your beneficiaries — who inherits what. Be as specific as possible to avoid ambiguity.
- Guardianship — if you have dependent children or are the primary carer for a vulnerable adult.
- Specific bequests — particular items, property, or sums of money for named individuals or organisations.
- Residuary estate — what happens to everything not specifically mentioned.
- Funeral wishes — while not legally binding, including your preferences can be a comfort to your family.
When to Review Your Will
A will is not a one-and-done document. Life changes, and your will should reflect that. Review it after:
- Marriage or civil partnership — marriage automatically revokes a previous will in Ireland unless it was made in contemplation of that marriage
- Separation or divorce — your ex-spouse may still have rights under the Succession Act unless you update your will
- Bereavement — if a named beneficiary or executor has died
- Birth of grandchildren — you may wish to include them
- Retirement — a natural moment to review your financial picture and estate plans
- Property changes — buying, selling, or downsizing
- Health changes — particularly if your capacity may be affected in the future
As a general rule, review your will every three to five years even if nothing major has changed.
The Role of the Solicitor
A solicitor-drafted will in Ireland typically costs between €150 and €400, depending on complexity. This is a modest investment for a document that protects your family and ensures your wishes are legally enforceable.
Your solicitor can also advise on:
- Capital Acquisitions Tax (CAT) — inheritance tax thresholds and how gifts and bequests are taxed. In 2026, the Group A threshold (parent to child) is €335,000, while Group B (sibling, grandchild) is €32,500. Planning ahead can help your beneficiaries manage any tax liability.
- The legal right share — under the Succession Act, your spouse or civil partner has a legal right to a share of your estate, regardless of what your will says. A solicitor can explain how this works and how it interacts with your wishes.
- Trusts — for more complex situations, such as providing for a child with a disability or managing a family farm.
Many solicitors participate in Free Wills Month or offer reduced-rate will-making through charities — it is worth asking.
Storing Your Will Safely
Once your will is signed and witnessed, store it securely. Common options include:
- Your solicitor’s office (the most common approach in Ireland)
- A bank safe deposit box
- The Probate Office — you can deposit your will for safekeeping with the Probate Office of the High Court for a small fee
Wherever you keep it, make sure your executor and a trusted family member know where it is. A will that cannot be found after your death is as good as no will at all.
Beyond the Will: Comprehensive Future Planning
A will is one piece of a broader planning picture. At Críonna Health, we encourage people to consider all three pillars of future planning:
- Your will — to protect your assets and loved ones after you are gone
- An Enduring Power of Attorney (EPA) — to appoint someone to manage your affairs if you lose capacity during your lifetime. Since the Assisted Decision-Making (Capacity) Act 2015 (fully commenced in 2023), EPAs are registered with the Decision Support Service.
- An Advance Healthcare Directive — to set out your treatment preferences in case you are unable to communicate them yourself
Together, these three documents give you and your family clarity, protection, and peace of mind. Planning ahead is not morbid — it is one of the most caring things you can do.
Where to Get Help
If you are ready to make or update your will, here are some starting points:
- Law Society of Ireland — Find a Solicitor service to locate a solicitor near you
- FLAC (Free Legal Advice Centres) — offers free legal advice clinics around the country for those who cannot afford a solicitor
- Citizens Information — comprehensive guidance on wills, intestacy, and probate at citizensinformation.ie
- Money Advice & Budgeting Service (MABS) — can help with the financial planning side of estate management
Making a will does not have to be complicated. For most people, it is a single appointment with a solicitor and a weight off your shoulders. The sooner you do it, the sooner you — and your loved ones — can have that peace of mind.
📷 Photo by Sweet Life (@sweetlifediabetes) on Unsplash
