Making a Will in Ireland: Complete Guide & Costs

A will is one of the simplest legal documents most people will ever make.

It is also one of the easiest to put off.

You do not need to be wealthy.

You do not need to own several properties.

And you do not need to be elderly.

If you own a home, savings, investments, a car, a business interest, personal possessions or simply want to decide who handles your estate, a valid will can make things much clearer for the people left behind.

This guide reflects Irish succession law and published solicitor pricing checked on 7 October 2026.

It is general information, not personal legal advice. Wills are one of the areas where a relatively small drafting mistake can create a very expensive problem later.

What is a will?

A will is a written document setting out how you want your estate dealt with after your death.

Your estate can include things such as:

• your share of a house or land;
• money in bank accounts;
• investments;
• business interests;
• vehicles;
• personal possessions;
• and other property that passes through your estate.

The person making the will is the testator.

The person or people appointed to deal with the estate are the executors.

The people who receive property under the will are the beneficiaries.

Why make a will?

The main reason is control.

Without a valid will, the law of intestacy decides who receives the estate.

A will lets you decide matters such as:

• who should inherit;
• who should administer the estate;
• what happens to particular possessions;
• who receives the residue;
• who should act as guardian where you are legally entitled to appoint one;
• and how different family circumstances should be dealt with.

It can also reduce uncertainty for the executor.

A will does not remove all legal restrictions.

For example, spouses and civil partners have statutory legal-right shares, and children can have rights to make certain court applications.

Who can make a will in Ireland?

Under section 77 of the Succession Act 1965, a valid will can be made by a person who:

• has reached 18 years of age, or is or has been married; and
• is of sound disposing mind.

In ordinary practical terms, most people making a will will be over 18 and have the mental capacity to understand what they are doing.

What does “sound mind” mean?

A person making a will needs sufficient mental capacity to understand the nature and effect of the document.

Citizens Information advises that where a person has a medical condition that could later raise questions about capacity — for example dementia or another condition affecting understanding and decision-making — it can be sensible to obtain medical evidence confirming capacity at the time of execution.

This can be especially important where the will:

• changes substantially from an earlier will;
• excludes a close family member;
• is made during serious illness;
• or is likely to be disputed.

Capacity disputes are one reason a professionally prepared will can be valuable.

Can you write your own will?

Yes.

Irish law does not require every will to be drafted by a solicitor.

Citizens Information explicitly states that you can write a will yourself or have a solicitor prepare it.

The risk is not that a homemade will is automatically invalid.

The risk is getting:

• execution;
• wording;
• gifts;
• residue;
• family rights;
• property ownership;
• tax;
• or revocation

wrong.

A simple estate may be straightforward.

A complicated family or asset position may not be.

The basic legal requirements

Section 78 of the Succession Act sets out the execution requirements.

A valid will must be:

1. in writing;
2. signed at the foot or end by the testator, or by another person in the testator’s presence and at the testator’s direction;
3. signed or acknowledged by the testator in the presence of two or more witnesses present at the same time;
4. signed by each witness in the testator’s presence.

The witnesses do not need to know what the will says.

They are witnessing the testator’s execution of the document.

The safest way to sign a will

A straightforward execution sequence is:

1. have the final will ready — no loose draft pages or unanswered blanks;
2. bring the testator and both witnesses together;
3. the testator signs, or acknowledges the existing signature, while both witnesses are present;
4. each witness then signs in the testator’s presence;
5. date the will and complete the attestation clause.

Do not improvise the signing process if the will matters.

If a solicitor prepared the document, follow the solicitor’s execution instructions exactly.

Who can witness a will?

The crucial practical rule is:

Do not use a beneficiary, or the spouse/civil partner of a beneficiary, as a witness.

Section 82 provides that a gift under the will to an attesting witness, or to that witness’s spouse or civil partner, is void to the extent set out by the legislation.

That does not necessarily make the entire will invalid.

It can make the gift fail.

That is a terrible outcome to discover only after the testator has died.

Use independent witnesses who are not benefiting under the will.

Can an executor be a witness?

Being an executor does not by itself make a person incompetent to witness a will.

But if the executor is also a beneficiary, the beneficiary-witness problem remains.

The simplest practical approach is usually to use independent witnesses who are not receiving anything under the will.

What should a will contain?

Citizens Information identifies several core elements.

A properly drafted will usually includes:

• the testator’s name and address;
• a statement revoking earlier wills and codicils;
• appointment of executor or executors;
• gifts or bequests;
• a residuary clause;
• any relevant guardian appointment;
• administrative powers where appropriate;
• date;
• signatures;
• attestation clause.

The exact drafting will depend on the estate.

What is an executor?

An executor is the person named in the will to administer the estate.

After death, the executor may have to:

• locate the original will;
• identify assets and debts;
• arrange valuations;
• deal with Revenue;
• apply for probate;
• collect estate assets;
• pay debts and taxes;
• deal with property;
• keep estate accounts;
• and distribute the estate to beneficiaries.

The Courts Service describes the executor as the personal representative named in the will.

Once the executor accepts the role and obtains the grant, the responsibilities can continue for as long as administration requires.

How many executors should you appoint?

You can appoint one or more.

Many people appoint two, particularly where:

• there are children;
• trusts may arise;
• property needs to be dealt with;
• or one executor may be unavailable.

Think about:

• age;
• location;
• reliability;
• relationship with beneficiaries;
• willingness to act;
• financial competence;
• possible conflicts.

Do not appoint somebody merely because they are the oldest child.

Ask them first.

Should you appoint a backup executor?

It is sensible to consider what happens if your first-choice executor:

• dies before you;
• loses capacity;
• refuses to act;
• cannot be located;
• or is otherwise unable to administer the estate.

Professional drafting can include substitute-executor provisions.

What is a residuary clause?

The residue is broadly what remains of the estate after:

• debts;
• expenses;
• taxes;
• and specific gifts

have been dealt with.

A residuary clause says who receives that remaining estate.

This is one of the most important clauses in a will.

Without an effective residuary clause, property not properly disposed of can fall into intestacy.

That creates a strange result:

you can leave a will and still die partly intestate.

A good will needs to deal with the leftovers.

Specific gifts

You can leave specific property to particular people.

Examples:

• “my car to…”
• “€10,000 to…”
• “my shares in X company to…”
• “my jewellery to…”

Specific gifts can create practical problems if the property no longer exists at death.

The more detailed the estate, the more useful legal drafting can become.

Should you list every possession?

Usually not.

Trying to list every ordinary possession can make a will cumbersome and quickly outdated.

Instead, a will can deal with categories or residue, while a separate non-binding note can help the family understand preferences for ordinary personal items.

Do not change the legal terms of the will through an informal note unless legal advice confirms that the approach works.

Spouse and civil-partner legal rights

You cannot necessarily disinherit a spouse or civil partner simply by leaving them nothing in the will.

Under the Succession Act, a surviving spouse or civil partner has a statutory legal-right share.

Where the testator leaves:

• a spouse/civil partner and no children: the legal-right share is one-half of the estate;
• a spouse/civil partner and children: the legal-right share is one-third of the estate.

Those rights can be affected by matters such as valid renunciation, judicial separation, divorce, dissolution and other specific legal circumstances.

If your family position is anything other than straightforward, get legal advice.

Can I leave my spouse more?

Yes.

The legal-right share is a minimum statutory protection, not a maximum inheritance.

A will can leave the surviving spouse or civil partner more.

The rules around taking under the will versus electing for the legal-right share can become technical, so the will should be drafted with the intended outcome clear.

What about separation?

Informal separation does not automatically end succession rights.

If you are still legally married and have not formally dealt with succession rights, the surviving spouse may still have statutory rights.

Formal separation agreements and judicial-separation orders can change that position.

If you are separated, do not assume an old will still produces the outcome you expect.

Have it reviewed.

What about divorce?

Divorce normally ends the former spouse’s automatic legal-right share.

But the broader estate position can still be affected by:

• the wording of the will;
• divorce orders;
• possible statutory applications;
• children;
• property ownership;
• pensions.

If your marital status changes, review the will.

Do not assume the old document has updated itself.

What rights do children have?

Children do not simply receive an automatic fixed percentage under every valid will in the same way as the spouse/civil-partner legal-right share.

But section 117 of the Succession Act allows a child to apply to court where the testator has failed in the child’s view to make proper provision in accordance with the parent’s moral duty.

The court considers the position from the perspective of a prudent and just parent and examines the wider family circumstances.

Under the current revised legislation, a section 117 application must be made within six months from the first taking out of representation.

This can be a highly contentious area.

If you are deliberately excluding a child or treating children very differently, professional advice is sensible.

Minor children

A will can be especially important for parents of young children.

Depending on your legal position, a will can be used to appoint a testamentary guardian.

It can also control how property is held for children rather than handing assets to them immediately.

Trust drafting, trustee powers and the age at which children receive assets deserve careful thought.

For a family with young children, a solicitor-drafted will is usually money well spent.

Cohabiting partners

This is one of the strongest reasons for an unmarried couple to make wills.

A cohabiting partner does not have the same automatic succession rights as a spouse or civil partner.

Citizens Information states that if you live together and die without a will, your partner has no automatic right to a share of the estate simply because you have been together for many years.

Qualified cohabitants can have a statutory court-redress route in certain circumstances, including an application for provision from the estate within six months after representation is first granted.

But that is not the same thing as automatic inheritance.

If you want an unmarried partner to inherit, deal with it deliberately.

Cohabitation and inheritance tax

Even where you leave assets to a cohabiting partner by will, the CAT position can differ significantly from inheritance between spouses/civil partners.

Spouses and civil partners are generally exempt from CAT on inheritances between them.

Cohabitants do not get that same blanket spouse exemption.

For the tax side, read Inheritance Tax in Ireland or use the Inheritance & Gift Tax Calculator.

Jointly owned property

Not everything you own necessarily passes through the will.

Joint ownership can affect what happens on death.

For example, some jointly owned property can pass automatically to the surviving joint owner rather than through the estate.

The Courts Service notes that assets jointly owned by spouses can often transfer directly without probate.

Property ownership structures are therefore important when writing a will.

Do not assume a will overrides the legal form of ownership.

Pensions and life insurance

Some death benefits can pass outside the estate depending on:

• scheme rules;
• nominations;
• trust structure;
• policy ownership;
• and the type of benefit.

Review:

• pension nominations;
• death-in-service benefits;
• life policies;
• investment nominations where applicable

alongside the will.

Estate planning is broader than one document.

Property abroad

Citizens Information recommends getting advice where you own property in another country because foreign succession law can differ.

Cross-border estates can involve:

• local wills;
• EU succession rules;
• domicile;
• tax;
• forced-heirship rules;
• foreign probate.

Do not use a simple Irish template for a cross-border estate without advice.

Business owners

A business owner should think about:

• shares;
• partnership interests;
• director loans;
• shareholder agreements;
• key-person arrangements;
• business debt;
• who can operate the business after death;
• business relief for tax;
• succession between children.

A will that simply says “everything to my spouse” may not solve operational business problems.

Estate planning should be coordinated with company/shareholder documents.

What about digital assets?

A will does not need to contain your passwords.

In fact, putting current passwords into the will can be a poor idea because they change and the will can eventually become part of a probate process.

But leave your executor a safe way to identify:

• important online accounts;
• digital subscriptions;
• cloud storage;
• cryptocurrency;
• domains;
• business accounts;
• social accounts;
• digital records.

Separate the legal instruction from the access information.

Can you leave money to charity?

Yes.

Charitable gifts can be included in a will.

Identify the charity clearly so there is no ambiguity over which organisation you mean.

For significant charitable gifts, legal advice can help avoid drafting problems and explain any tax implications.

What about pets?

Irish law treats animals as property rather than people who can directly inherit an estate.

You can make practical arrangements for:

• who should take the pet;
• funding for care;
• backup arrangements.

Do not simply leave cash “to the dog”.

A solicitor can structure the arrangement properly.

What happens if a beneficiary dies before you?

This is another reason drafting matters.

A will should deal with what happens if a beneficiary predeceases you.

Depending on the gift, the family relationship and the wording, statutory anti-lapse rules or the residuary clause may affect the outcome.

Do not assume the gift automatically passes to that beneficiary’s spouse or children.

Include substitute-beneficiary planning where appropriate.

What if an executor dies before you?

The same planning applies.

Review the will after:

• an executor dies;
• a beneficiary dies;
• major relationship changes;
• or significant asset changes.

A will can remain legally valid while becoming practically useless.

Does marriage revoke a will?

Yes — generally.

Section 85 provides that a later marriage or entry into a civil partnership revokes an earlier will unless the will was made in contemplation of that marriage or civil partnership.

This is a major trap.

If you made a will while single and later married, do not assume the old will still operates.

Review it immediately.

Does moving in with a partner revoke a will?

No.

Citizens Information states that entering into cohabitation does not itself revoke an existing will.

That can create the opposite problem.

You may live with a partner for years while an old will still leaves everything to somebody else.

Cohabiting couples should review wills deliberately.

Does having a child revoke a will?

No automatic revocation rule applies simply because a child is born.

But the arrival of a child is an obvious reason to review:

• guardianship;
• inheritance;
• trusts;
• life insurance;
• executor choices;
• section 117 risk.

A legally valid old will can still be a very poor fit for your new family.

How do you change a will?

Small changes can sometimes be made by codicil — a separately executed testamentary document altering part of the existing will.

A codicil must itself be executed with the required formalities.

For substantial changes, making a completely new will is often cleaner.

Do not simply:

• cross out clauses;
• handwrite changes;
• add a note;
• staple in a new page

and assume the result is valid.

Citizens Information notes that alterations after execution have their own formal requirements.

How do you revoke a will?

A will can be revoked in several ways, including:

• making a later valid will;
• making a properly executed written revocation;
• intentional destruction in the legally recognised manner;
• marriage/civil partnership in the circumstances described above.

If making a replacement will, include an express revocation clause.

Do not destroy the old will until the new one has been properly executed.

Where should the original will be kept?

The original matters.

After death, the executor will need to locate it for probate.

Common storage options include:

• solicitor’s deeds/will storage;
• secure fire-resistant home storage;
• another professional safe-custody arrangement.

Tell the executor where the original is held.

Do not lock the only copy somewhere nobody can access after your death.

Keep copies clearly marked as copies.

Should you give beneficiaries copies?

Not necessarily.

You can tell important people that a will exists and where the original is held without distributing the document widely.

There can be family reasons to discuss your intentions, particularly where a decision may otherwise be surprising.

But the right level of disclosure is personal.

How often should you update a will?

There is no magic statutory review interval.

A practical trigger-based approach is better.

Review the will after:

• marriage/civil partnership;
• separation or divorce;
• birth/adoption of a child;
• death of a beneficiary;
• death or incapacity of an executor;
• buying/selling a major property;
• starting or selling a business;
• receiving a major inheritance;
• moving country;
• major tax-law change;
• serious diagnosis;
• substantial change in wealth.

Even without a major event, reading it every few years is sensible.

How much does it cost to make a will in Ireland?

There is no national fixed fee for making a will.

Citizens Information says solicitor charges vary, and the Law Society of Ireland operates a quote service that includes will-making. In practice, the price depends on how much advice and drafting your circumstances require.

Published prices checked in October 2026 show the sort of range people may encounter:

The Irish Times also reported in June 2026 that one firm charged €350 + VAT for one will and €550 + VAT for two, while more specialist or complex work can start higher.

Those are examples, not an official national tariff.

A straightforward will is usually cheaper than a will involving:

• trusts for children;
• a farm or trading business;
• foreign property;
• a blended family;
• substantial tax planning;
• a vulnerable beneficiary;
• disputed capacity;
• or likely family conflict.

Ask for a written quote and clarify whether it includes:

• the initial consultation;
• drafting and revisions;
• execution/signing guidance;
• VAT;
• will storage;
• and any later amendments.

Do you need a solicitor?

Legally, not always.

Practically, often.

A solicitor is particularly valuable where you have:

• property;
• a spouse plus children;
• children from different relationships;
• a cohabiting partner;
• a disabled or vulnerable beneficiary;
• a business;
• overseas assets;
• a farm;
• a large estate;
• intended unequal treatment of children;
• likely family conflict;
• doubts over mental capacity;
• trusts.

The cost of preparing a will is usually tiny compared with the cost of probate litigation or a failed gift.

Citizens Information notes that there is no fixed solicitor fee for making a will, so shop around and ask what is included.

A simple will-making checklist

Before speaking to a solicitor or drafting anything, write down:

People

• spouse/civil partner/partner;
• children;
• dependants;
• beneficiaries;
• executor(s);
• backup executor;
• potential guardian(s).

Assets

• home/property;
• bank accounts;
• investments;
• pensions;
• business interests;
• vehicles;
• valuable possessions;
• foreign property;
• digital assets.

Liabilities

• mortgage;
• personal loans;
• business debt;
• guarantees;
• tax liabilities.

Existing arrangements

• joint ownership;
• pension nominations;
• life insurance;
• shareholder agreements;
• existing wills/codicils.

Decisions

• specific gifts;
• residue;
• backup beneficiaries;
• treatment of children;
• charitable gifts;
• pet arrangements;
• who should administer everything.

That preparation makes the legal appointment more efficient.

How inheritance tax fits into a will

A will determines who receives estate assets, but it does not automatically make the inheritance tax-efficient.

Beneficiaries can face different CAT treatment depending on their relationship to you and previous benefits received.

Current CAT is generally charged at 33% on the taxable amount above the beneficiary’s available threshold.

That does not mean tax should dictate every family decision.

It means tax should be understood before signing the final structure.

Read Inheritance Tax in Ireland: How Much Can You Inherit Tax-Free?.

What happens after you die?

If there is a valid will and an executor is appointed, the executor can apply for a Grant of Probate where a grant is required.

The Courts Service explains that probate confirms the will and gives the executor the legal authority needed to administer estate assets.

The executor then:

1. identifies the assets and liabilities;
2. values the estate;
3. deals with Revenue;
4. applies for probate where required;
5. collects assets;
6. pays debts/tax;
7. distributes the estate.

Our Executor of a Will in Ireland guide explains the role, personal liability, estate accounts, property sales, renunciation and distribution in detail.

Some jointly held assets can pass outside probate.

Our dedicated Probate in Ireland: Complete Guide covers the grant types, SA.2 process, current fees, personal applications and processing times.

What if there is no will?

The person dies intestate.

The estate is then distributed under the intestacy rules in the Succession Act rather than according to the person’s unwritten wishes.

That can be particularly important for:

• unmarried couples;
• blended families;
• estranged relatives;
• people who wanted friends or charities to inherit;
• business owners.

For the full no-will scenario, read What Happens If You Die Without a Will in Ireland?.

Common mistakes when making a will

Using a beneficiary as witness

The gift to the witness can fail.

Forgetting the residue

You can create a partial intestacy.

Assuming your partner automatically inherits

An unmarried cohabiting partner has no automatic spouse-style succession right.

Ignoring the legal-right share

A spouse/civil partner can have statutory minimum rights.

Making handwritten changes after signing

Alterations have execution rules.

Forgetting marriage revokes the old will

Unless the will was made in contemplation of the marriage/civil partnership.

Losing the original

Probate becomes much more complicated where the original will cannot be found.

Making a will and never revisiting it

Family, assets and law change.

Frequently asked questions

Can I make my own will in Ireland?

Yes. You can make your own will, but it must meet the legal validity and execution requirements. A solicitor is particularly advisable for complicated family or asset situations.

How much does a will cost in Ireland?

There is no set national fee. Current published examples for straightforward wills are generally in the low hundreds of euro, with higher fees for trusts, farms, businesses, foreign assets or more involved estate planning. Always get a written quote and check whether VAT, revisions and storage are included.

How many witnesses do I need?

Two witnesses. The testator’s signature must be made or acknowledged in the presence of both witnesses present at the same time.

Can a beneficiary witness my will?

They should not. A gift to an attesting witness, or the witness’s spouse/civil partner, is void under the Succession Act.

Can my executor witness my will?

An executor is not disqualified solely because they are an executor, but if they are also a beneficiary the gift-to-witness rules create a problem. Independent witnesses are the safer approach.

Can I leave my spouse nothing?

A surviving spouse or civil partner normally has a statutory legal-right share: one-half where there are no children, or one-third where there are children, subject to specific legal exceptions and renunciations.

Do children automatically get a fixed share?

Not under every valid will. A child can, however, apply under section 117 alleging failure to make proper provision. The current application limit is six months from the first grant of representation.

Does marriage cancel a will?

Generally yes, unless the will was made in contemplation of that marriage or civil partnership.

Does living with a partner cancel a will?

No. Cohabitation does not automatically revoke an existing will.

Where should I keep my will?

Keep the original securely and make sure the executor knows where it is. Solicitor storage or secure fire-resistant storage are common options. The Law Society’s Probate Committee said in August 2026 that the safest place is generally the solicitor’s will safe, and that any storage charge should be agreed with the client in advance.

The Compound wills, probate & inheritance cluster

This guide is the starting point.

The next satellite pages should answer separate high-intent questions rather than repeating this article:

• What Happens If You Die Without a Will in Ireland?
• Probate in Ireland: Complete Guide
• Executor of a Will in Ireland: Duties & Responsibilities
• Probate Costs & Fees in Ireland
• How Long Does Probate Take in Ireland?
• Applying for Probate Yourself vs Using a Solicitor
• Spouse & Civil Partner Legal Right Share
• Children and Section 117 Claims
• How to Find a Will / Search the Probate Register
• Inheriting a House in Ireland

Those pages will link back here and into Compound’s existing inheritance-tax guides and calculator.

The bottom line

Making a valid will in Ireland comes down to three layers.

1. Formal validity

Write it properly, sign it properly and use the right witnesses.

2. Legal constraints

Understand spouse/civil-partner rights, children, cohabitants and ownership structures.

3. Practical administration

Choose competent executors, deal with residue, keep the original safe and update the document after major life changes.

The best will is not the longest will.

It is the one that is legally valid, clearly expresses what you want and can actually be administered when the time comes.