How to make a valid will in Ireland: rules, witnesses, executors
A will lets you decide who receives your property, who looks after it after your death and, if you have young children, who should act as their guardian. Without one, your estate passes under the fixed intestacy rules in section 67 of the Succession Act 1965, which take no account of cohabiting partners, stepchildren, friends or charities, and your family may have to apply for letters of administration instead of a simpler grant of probate.
Irish law sets strict formal requirements. Under sections 77 and 78 of the Succession Act 1965 a will must be made by a person aged 18 or over (or who is or has been married) and of sound disposing mind, it must be in writing, signed at the end, and the signature must be made or acknowledged in front of two witnesses present at the same time. A gift to a witness or to the witness's spouse or civil partner is void (section 82). Marriage or civil partnership revokes an earlier will unless it was made in contemplation of it (section 85).
This guide is for anyone in Ireland who wants to make or update a will, with or without a solicitor. It explains the limits on your freedom to leave property (the legal right share of a spouse and the claims of children), how to sign the will properly, how to choose executors and where to keep the original, so that the will is admitted to probate without delay or dispute.
Key facts
Deadline
There is no deadline for making a will, but it must be made while you still have testamentary capacity, and it is automatically revoked if you later marry or register a civil partnership unless it was made in contemplation of that marriage. After your death, your children have six months from the grant to challenge the provision made for them under section 117.
What to do
- List what you own and how you own it. Write down your home, other land, bank and credit union accounts, pensions, life policies, shares, vehicles and valuable items, with an approximate value. Note how each asset is held: property in joint names usually passes to the surviving joint owner by survivorship and is not controlled by your will at all. Pension death benefits and some policies follow a nomination. In Martin v Horan [2026] IEHC 398 a father left his house by will believing he owned it alone, although he had already put it into joint names with his son; the family ended up in the High Court.
- Check the legal right of your spouse or civil partner. Whatever your will says, a surviving spouse or civil partner is entitled to one-half of your estate if you have no children and one-third if you have children (section 111). If you leave them a gift, they choose between the gift and the legal right. The share can be reduced only if the spouse renounces it in writing, typically in a separation agreement or a pre-nuptial agreement, or loses it through the unworthiness and desertion rules in section 120. Separated (but not divorced) spouses keep the legal right unless it has been extinguished by court order or renounced.
- Consider what each child needs. Children have no fixed share, but under section 117 a child can ask the court to make proper provision out of your estate if you failed in your moral duty to do so in accordance with your means. Courts look at the child's needs, help already given in your lifetime and what the other children receive. If you leave a child less, record the reasons in the will or in a separate signed note: for example, substantial help already given towards a house or a farm. Clear reasons make a claim less likely to succeed.
- Choose executors and, if needed, guardians. Appoint one or two executors who are willing, organised and likely to outlive you; a solicitor or accountant can act as a professional executor for a fee. Name a substitute in case the first choice dies or refuses. Avoid appointing someone whose personal interest conflicts with the estate: in In re O'Farrell [2026] IEHC 328 the executor was also the buyer of land under a contract with the deceased, which led to a dispute in the High Court. If you have children under 18, appoint a testamentary guardian under the Guardianship of Infants Act 1964.
- Write the will clearly. State your full name and address, revoke all earlier wills, appoint executors, set out specific gifts ("my house at…", "€10,000 to…"), and then leave the residue, meaning everything not otherwise given away. Always include a residuary clause and say what happens if a beneficiary dies before you; otherwise a gift may lapse and pass on intestacy. Describe land by folio number. Consider the tax position of each beneficiary: a child has a Capital Acquisitions Tax threshold of €400,000, a niece or nephew €40,000 and a friend or cohabitant only €20,000.
- Sign it correctly in front of two witnesses. Sign at the end of the will, with two adult witnesses present together in the room at the same time. Each witness then signs in your presence. The witnesses do not need to read the will. Neither witness should be a beneficiary or the spouse or civil partner of a beneficiary: the will remains valid, but the gift to that person is void under section 82. Do not staple, unstaple or add anything after signing; alterations made later are invalid unless they are signed and witnessed in the same way (section 86).
- Store the original safely and tell your executors where it is. Ireland has no central register of wills, so the original must be found after death; a copy can be proved only after a court application. Most people leave the original with their solicitor and keep a copy at home. Tell your executors which solicitor holds it. Do not keep it in a safe deposit box that can only be opened by the executor with a grant, and do not write on the original.
- Review the will after major life events. Marriage or registration of a civil partnership revokes an earlier will unless it was expressly made in contemplation of that marriage (section 85). Divorce or separation does not revoke a will, so a former spouse may still benefit unless you change it. Review the will after a birth, a death of a beneficiary or executor, a property purchase or sale, or emigration. To change it, make a new will or a codicil executed with the same formalities; never amend the original by hand.
- Put lifetime promises in writing. If you have promised a farm or a house to someone who works for you or cares for you, put that promise into your will. In Flynn v Dalton [2024] IECC 24 the Circuit Court dismissed a claim based on promissory and proprietary estoppel by a man who said he had been promised a farm. Evidence of the deceased's intentions and the solicitor's attendance notes were examined in detail. A properly executed will prevents that kind of litigation.
What to watch out for
- Home-made wills signed without two witnesses present at the same time. The will is invalid, and the estate passes on intestacy, which may exclude the very people you wanted to benefit.
- A beneficiary or a beneficiary's spouse acting as witness. The gift to that person fails, although the rest of the will stands. Use independent adult witnesses, such as staff at the solicitor's office.
- Forgetting that marriage revokes a will. Couples who marry after making wills often die with no valid will at all; a will made in contemplation of a named marriage avoids this.
- Leaving everything to the children and nothing to a spouse. The spouse can still claim the legal right share, which may force the sale of a family farm or home.
- No residuary clause or substitute beneficiaries. A gift to someone who dies before you may fail and pass under intestacy rules, unless section 98 saves it for a child's own children.
- Doubts about capacity. If you are elderly or unwell, ask your solicitor to arrange a medical assessment at the time of signing; this evidence answers later challenges.
- Relying on joint names instead of a will. Putting a house into joint names with one child is a gift with tax consequences and may be challenged for undue influence.
Legal basis
Related court decisions
Frequently asked questions
Does a will have to be done by a solicitor in Ireland?
No. A will is valid if it meets section 78 of the Succession Act 1965: it is in writing, signed at the end by you, and your signature is made or acknowledged in front of two witnesses present at the same time, who then sign in your presence. In practice a solicitor avoids drafting and execution errors, and the fee for a simple will is modest compared with the cost of a dispute.
Can I leave my spouse out of my will?
Not effectively. A spouse or civil partner has a legal right to one-half of the estate if there are no children and one-third if there are children. The only ways around this are a written renunciation, for example in a separation agreement, or the circumstances in section 120, such as desertion for two years or more.
Can I leave nothing to one of my children?
You can, but the child may apply under section 117 within six months of the grant, claiming that you failed in your moral duty to make proper provision. The court considers what the child already received during your lifetime and their needs. Recording your reasons clearly in the will helps your executors defend such a claim.
Who can witness a will in Ireland?
Any adult who is able to see you sign and who is not a beneficiary or the spouse or civil partner of a beneficiary. The witnesses must both be present when you sign or acknowledge your signature. They do not need to know what the will says. Executors can witness, provided they do not benefit.
Does getting married cancel my will?
Yes. Under section 85 a will is revoked by your subsequent marriage, and the same applies to a civil partnership, unless the will was made in contemplation of that marriage. If you plan to marry, make a new will that states it is made in contemplation of your marriage to the named person.
Does divorce cancel a will in Ireland?
No. A divorce ends your former spouse's legal right share, but any gift to them in your will remains valid until you change the will. After a divorce or a judicial separation you should make a new will.
Where should I keep my will?
Leave the original with your solicitor and keep a copy at home, together with a note of the solicitor's name. Ireland has no central will register, so your executors must be able to find the original. Do not attach anything to the original or write on it.
Can my cohabiting partner inherit if I have no will?
No. Cohabitants do not inherit on intestacy. A qualified cohabitant may apply to court under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 for provision from the estate, but that is costly and uncertain. If you want your partner to benefit, make a will.
Can I make a will if I have dementia?
It depends on capacity at the time of signing. You must understand that you are making a will, know roughly what you own and who might have a claim on you, and not be affected by a disorder of mind that distorts your choices. A doctor's assessment at the time of signing is strong evidence of capacity.
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