Most will problems are not dramatic
They usually come from ordinary things: the wrong witness, an overlooked life change, vague wording, a missing fallback or using a simple document for a situation that is not actually simple.
1. Getting the signing and witnesses wrong
An Irish will must satisfy the execution rules in section 78 of the Succession Act 1965. The testator signs or acknowledges the signature while at least two witnesses are present at the same time, and each witness then signs in the testator's presence.
A beneficiary witnessing the will does not automatically invalidate the entire document, but section 82 can make a gift to that witness or the witness's spouse void. The easy prevention is to use two independent witnesses with no financial interest in the will.
See the full Irish witnessing guide.
2. Leaving specific gifts but forgetting the residue
A will that says “my watch to X, €5,000 to Y” still needs to deal with everything left over. The residue can include property and money you acquire later, as well as assets not mentioned individually.
A clear residuary clause reduces the risk of part of the estate falling into intestacy because the will simply did not say what should happen to it.
3. Not providing a fallback
People die, relationships change and an executor or beneficiary named today may not be available when the will is eventually needed.
A robust straightforward will should consider what happens if a first-choice executor cannot act or a beneficiary dies before the testator. Without sensible fallback wording, the result may be very different from the person's original intention.
4. Forgetting that life changes can affect the will
Marriage is particularly important because a subsequent marriage generally revokes an earlier will unless the will was made in contemplation of that marriage, subject to statutory exceptions.
Children, separation, death of a beneficiary, major property changes and changed family relationships may not automatically invalidate the document, but they can make its practical result outdated.
Read when and how to update an Irish will.
5. Using a standard template for a non-standard estate
This is the mistake that matters most for a DIY service to say clearly. A template is useful precisely because common situations can be standardised. It becomes risky when the user has to bend, delete or invent clauses to make a complex situation fit.
Use a solicitor where the estate involves blended families, a farm or business, foreign property, bespoke trusts, serious CAT planning, a vulnerable dependant, likely litigation, capacity concerns or unusual provision for someone with statutory rights.
A useful pre-signing check
- Does this document match my current family situation?
- Are the executors still the people I want?
- Are all beneficiaries and fallback beneficiaries clear?
- If I have children under 18, have I dealt with guardianship and young beneficiaries?
- Does the residue go where I intend?
- Are my two witnesses independent?
- Has marriage or another major event affected an older will?
- Am I trying to solve a complex tax or family problem with generic wording?
The simplest way to avoid mistake number 5
Start with the template designed for your actual family situation, not the cheapest or shortest document. Use the MakeAWILL.ie will selector →
Official legal references
Important: This is general information. If you are uncertain whether your situation is straightforward, professional advice is safer than guessing.
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