Making a Will

A Will is a document that states in clear terms how you would like your assets or property to be distributed after your death. If you own any assets whether large or small, such as property, shares or other investments, you should make a Will.  

Making a Will ensures that, on your death, your assets pass to whom you wish to receive them.  Making a will is quite a simple and inexpensive process but extremely important nonetheless and will give you peace of mind in years to come. 

We will advise you on the process of making your Will and discuss with you the appointment of executors and guardians, making provision for spouses, partners and children, gifts to family members, friends or charities, making a new Will, setting up trusts and potential inheritance tax issues.  

A Will can provide an invaluable opportunity as a tax planning device and we will be pleased to advise you as to the various reliefs available and the conditions that must be met for them to apply.

Frequently Asked Questions about Wills

Who can make a Will?
Anyone who is 18 or over, is or has been married and is of sound disposing mind can make a will. The capacity of persons to make a Will is more particularly set out the Succession Act of 1965.


When should I make a Will?
You can make a will at any point during your life. In particular, one should seriously consider making a Will in the following circumstances,

• if you get married (all previous Wills are automatically revoked when you get married)

• if you have children

• if your marital status changes for any reason (divorce or separation)

• if you own property or inherit property or money

• if you are in a long-term relationship but have not married.

Can I change my Will?
Yes, you can change your Will at any time

What is an Executor?
The executor is the person named in a Will who takes care of your estate after you die (i.e. signs papers, instructs the solicitor, arranges for the sale of your house and other property, and so on)

Is making a Will expensive?
Usual fee for a will is in the region of €100 - €150 plus vat

Will my beneficiaries be liable to tax?
Gifts and inheritances are liable to Capital Acquisitions Tax (CAT) otherwise known as Inheritance Tax. The amount of tax will depend on the relationship between the donor and the beneficiary, the amount of the inheritance and whether the beneficiary had received any previous gifts or inheritances. The Tax liability above the threshold is currently 33%.   The indexed Group Thresholds (tax free limits) from the 7th December 2011 up to the current thresholds are set out in the table below:

 
What happens if I die without making a Will?
If you don’t have a Will, the rules of Intestacy govern the way in which your Estate will be divided. Basically, the division of your Estate will be:

If you are survived by your spouse and children
2/3 to your Spouse and 1/3 to your children

If you are survived by your Spouse only
Spouse will inherit your entire Estate

If you are survived by your children only
Your Estate is divided equally between your children

If you are survived by none of the above (single but survived by your parents)
Your entire Estate passes to your parent(s)

If you are survived by none of the above
Further rules apply to determine which of your more distant relatives will inherit your estate and in particular, the rights of children of pre-deceased children of the Testator.

Under Irish Succession law, there is no distinction made between children born inside or outside of wedlock. Also, adopted children have the same status as natural born children

If you would like to make an appointment to discuss the making of a New Will, please do not hesitate to Contact Us.