How to Make a Will Ireland

A surprising number of people in Ireland die without a valid will, which means their estate gets divided by the rigid intestacy rules in the Succession Act 1965 rather than according to their actual wishes. Making a will is one of the few legal acts you can do yourself at minimal cost — but there are specific requirements that must be met, and getting them wrong can invalidate the entire document.

The Legal Requirements

For a will to be valid under Irish law, it must be:

• In writing — handwritten or typed, but always physical (no digital wills)
• Signed by the testator (the person making the will) in the presence of two witnesses
• Signed by both witnesses in the presence of the testator

The witnesses must be present at the same time when the testator signs, and neither witness (nor their spouse) can be a beneficiary under the will. If a witness or their spouse is named as a beneficiary, that specific bequest is void — though the rest of the will remains valid.

There are no requirements for the will to be on any particular type of paper, to be notarised, or to be registered anywhere. Ireland has no public will registry for living individuals.

Do You Need a Solicitor?

Legally, no. You can write and execute a valid will yourself at no cost. However, there are strong practical reasons to involve a solicitor for anything beyond a simple estate:

• Complex family situations — blended families, estranged children, or cohabiting partners need careful drafting to minimise Section 117 challenges and protect the Legal Right Share
• Property ownership — specific bequests of real property require precise legal language to avoid ambiguity
• Tax planning — structuring gifts and bequests around Capital Acquisitions Tax thresholds can save beneficiaries tens of thousands of euros

Solicitor fees for will drafting typically range from €150 to €500 depending on complexity. For a straightforward will (married couple, everything to the spouse, then equally to children), the lower end of that range is standard.

What Marriage Does to Your Will

This is the single most dangerous trap in Irish succession law: getting married automatically revokes your existing will. Unless the will was made "in contemplation of marriage" to a specific person, the moment you marry, your old will is void and you die intestate if you haven't made a new one.

Divorce, by contrast, does not automatically revoke a will. Your ex-spouse can still inherit under the terms of your old will unless you actively draft a new one.

Storing Your Will

The original will must be kept safe and findable. If it's in the deceased's possession at death and cannot be located, the law presumes it was destroyed intentionally — meaning the estate is treated as intestate unless the family can convince the High Court otherwise, which requires extensive evidence.

The safest options are depositing it with your solicitor or keeping it in a fireproof safe at home with clear instructions to your executor about its location. Never store the only copy in a bank safe deposit box — access may require the very Grant of Probate that the will is needed to obtain.

Key Content a Will Should Cover

Beyond the standard distribution clauses, an Irish will should address:

• Executor appointment — who will administer the estate, plus a substitute executor
• Guardianship — if you have minor children, the will is the primary place to name a guardian
• Specific bequests — particular items or amounts to named individuals
• Residuary clause — who gets everything not covered by specific bequests
• Funeral wishes — while not legally binding, expressing burial or cremation preferences prevents family disagreements

The Ireland End-of-Life Planning Guide includes a document inventory worksheet and covers how a will interacts with the other elements of an end-of-life plan — EPAs, Advance Healthcare Directives, and credit union nominations.

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