Wills and personal possessions

What Is a Will?

A will is a written document that outlines what should happen to your possessions (your‘estate’) after you die. The person writing the will is called the testator. To be legally valid, a will must be:

• In writing
• Signed by the testator, in the presence of two witnesses who also sign it
• Made by someone over 18 and of sound mind

If you die without a will, you are said to die intestate, and your estate will be distributed under the Succession Act 1965.

Why Make a Will?

While making a will is not legally required, it allows you to:

• Choose who inherits your money, property, and possessions
• Appoint executors to carry out your wishes
• Avoid disputes among family members
• Provide for partners, dependants, or others who may not automatically inherit

It also makes things easier for your loved ones during a difficult time.

How to Make a Will

You can:

• Write it yourself, or
• Ask a solicitor to write it for you

If your estate is complex or involves property abroad, legal advice is strongly recommended.

To be valid, your will must:

• Be signed by you and witnessed by two people (witnesses can’t inherit from the will)
• Be made when you are mentally capable (“of sound mind”)
• Include a residuary clause, which explains what happens to any assets not specifically mentioned

If you cannot sign the will yourself, you can make a mark, or have an agent sign for you, with proper witnessing.

Cost of Making a Will

There is no fixed fee for making a will. Costs vary by solicitor, so it’s a good idea to get quotes from different firms.

Changing or Cancelling a Will

You can change your will by:

• Adding a signed and witnessed codicil
• Making written changes in the margin (signed by you and your witnesses)
• Writing a new will, which cancels the old one

A will is automatically revoked if:

• You marry or enter a civil partnership (unless the will specifically include this)
• You make a new will
• You destroy the old will intentionally

Providing for Your Family

Your spouse or civil partner is legally entitled to a share of your estate, even if not mentioned in your will. Children and long-term partners may also have inheritance rights.

Joint Bank Accounts

If you have a joint account with someone (like a spouse or child), the surviving account holder usually inherits the money.
If the account was meant only for managing your money (not inheritance), make that clear when opening the account.

Property Abroad

If you own property outside Ireland, you may need a separate will in each country due to local inheritance laws.

Under EU Succession Regulation (Brussels IV), you can specify in your will that the law of your nationality should apply to EU property (except Denmark).

Giving Possessions Away Before Death

You can give gifts during your lifetime, but be aware:

• The recipient may owe Capital Acquisitions Tax (CAT)
• If gifts unfairly reduce the legal share of a spouse or child, a court can reverse them

What Happens If You Die Without a Will?

Your estate will be distributed according to the Succession Act 1965. Here’s how it works:

Common Issues and Disputes

Some common problems that may make parts of a will invalid include:

• The item no longer exists
• Confusion over who the gift is for (e.g., two relatives with the same name)
• The person receiving the gift witnessed the will

Disputes are resolved in court, which tries to uphold the testator’s clear intentions. Avoid vague language in your will to prevent confusion.

A will may be challenged if:

• You lacked mental capacity
• You were under undue influence or duress

Who Can Read My Will After I Die?

Once probate is granted (the legal process of handling a will), your will becomes a publicdocument. Anyone can request a copy from the Probate Office using Form PAS1.

Some people (e.g., beneficiaries, dependents, or those contesting the estate) may be allowed to inspect more detailed financial information.

Contact for More Information

Probate Office – Personal Application Section
15/24 Phoenix Street North
Smithfield, Dublin 7, D07 X028
Phone: +353 (0)1 888 6174
Website: www.courts.ie
Email: ProbateGeneralOffice@courts.ie