Wedding Season & Wills: Why Irish Newlyweds Need a Will Immediately

Congratulations on your marriage! You've just made one of the biggest commitments of your life, celebrated with family and friends, and perhaps you're planning your honeymoon or settling into married life. But there's one crucial task that most Irish newlyweds overlook — and it could have devastating consequences for the person you just vowed to protect.

Here's something your wedding planner didn't tell you: the moment you said "I do," any will you previously made became invalid. Completely void. As if you'd never written it at all.

If that's news to you, you're not alone. Most Irish couples have no idea that marriage automatically revokes existing wills — and even fewer understand why this makes creating a new will together one of the most important things you'll do in your first year of marriage.

The Shocking Truth: Marriage Revokes Your Will in Ireland

Under Section 85 of the Succession Act 1965, marriage automatically revokes any will you made before your wedding day. This isn't a technicality or a loophole — it's Irish law, designed to prevent situations where someone marries but their will still leaves everything to an ex-partner or names outdated beneficiaries.

The logic is sound: your life circumstances have fundamentally changed. The person who made that will was single; you're now married with new legal responsibilities and (presumably) different wishes about who should inherit your estate.

But here's the problem: thousands of Irish newlyweds are walking around right now with no valid will, completely unaware that their previous estate planning vanished the moment they got married. If you made a will five years ago leaving everything to your parents or siblings, that will is now worthless. If you carefully planned who would care for children from a previous relationship, those instructions are no longer legally binding.

What About Wills "Made in Contemplation of Marriage"?

There's one exception to this rule. If you made a will specifically stating it was made "in contemplation of marriage" to a named person, and you then married that person, the will remains valid. However, this requires specific legal language and must have been done before the wedding.

For the vast majority of couples, this exception doesn't apply. Your old will is gone, and you're starting fresh.

What Happens If a Newlywed Dies Without a Will?

If you die without a valid will in Ireland, you die "intestate," and the law decides who inherits your estate according to a strict formula. For newlyweds, here's what that looks like:

If You Have No Children

Your spouse inherits your entire estate. Simple enough — and this might sound fine at first glance. After all, isn't that what most newlyweds would want?

Not always. What if you wanted to leave something to your parents, your siblings, or a close friend? What if you had specific wishes about family heirlooms or sentimental items? Without a will, your spouse gets everything, and there's no legal mechanism to honour those other wishes.

If You Have Children

This is where intestacy gets complicated. If you die intestate and you have children (from this marriage or a previous relationship), your spouse receives:

• The entire estate if it's worth €75,000 or less
• If the estate is worth more than €75,000: two-thirds of everything, with the remaining one-third divided equally among your children

For many newlyweds, especially those blending families or with children from previous relationships, this formula creates problems. Young children can't inherit directly (the funds must be held in trust until they're 18), and the division might not reflect what you actually wanted.

The Hidden Costs of Dying Intestate

Beyond the inheritance formula, dying without a will means:

• No appointed executor: Your spouse or family must apply to be appointed as administrator, adding time, stress, and legal costs during an already difficult period
• No guardianship provisions: If you have young children and both parents die, there's no legally stated preference for who should care for them
• No specific bequests: That watch your grandfather gave you? Your collection of books? Your car? The law doesn't account for sentimental wishes
• Potential family conflict: Without clear written instructions, disagreements can arise about what you "would have wanted"
• Delayed inheritance: The intestacy process takes longer than executing a will, meaning your spouse waits longer for access to funds they might desperately need

Understanding Your Spouse's Legal Right Share

Even with a valid will, Irish law protects spouses through the concept of the "legal right share." This is a crucial protection that newlyweds need to understand, because it limits how much you can disinherit your spouse — even if you wanted to.

Under Section 111 of the Succession Act 1965:

• If you have no children, your spouse is entitled to at least one-half of your estate
• If you have children, your spouse is entitled to at least one-third of your estate

This legal right exists regardless of what your will says. You cannot disinherit your spouse below these thresholds (unless they agree in writing to accept less, which is rare).

For most newlyweds, this is reassuring rather than restrictive — you want to protect your spouse anyway. But it's important to understand these rules when planning your estate, especially in blended family situations where you're balancing your spouse's needs with provisions for children from a previous relationship.

The Family Home

There's an additional protection for surviving spouses when it comes to the family home. Your spouse can require that your share of the family home be given to them (up to the value of their legal right share), even if your will says something different. This ensures that a surviving spouse isn't forced to sell the family home to satisfy other bequests.

Why Newlyweds Need a Will Immediately

Making a will might not feel urgent when you're young, healthy, and just starting your married life together. But here's why it should be at the top of your newlywed to-do list:

1. Life Is Unpredictable

Nobody plans to die young, but accidents happen. Car crashes, sudden illnesses, unforeseen tragedies — these don't discriminate by age. Every week in Ireland, someone dies unexpectedly, leaving behind a grieving spouse and a complicated legal mess because there was no will.

Making a will isn't pessimistic or morbid. It's a profound act of love — ensuring that if the worst happens, your spouse is protected rather than burdened.

2. You're Building Wealth Together

As newlyweds, you're likely buying your first home together, combining finances, opening joint accounts, or making significant purchases. Your estate is growing, and with it, the importance of having clear instructions about what happens to these assets.

Even if you don't feel "wealthy," you probably have more than you think: life insurance policies, pension benefits, savings, cars, furniture, personal possessions. All of this forms part of your estate.

3. You May Have Children Soon

If children are in your plans, you need a will before they arrive. Once you're juggling nappies and sleepless nights, estate planning will be the last thing on your exhausted mind.

More importantly, from the moment you become parents, your will needs to address guardianship. Who would you want to raise your children if both of you died? This decision is too important to leave to court proceedings or family disputes.

4. Blended Families Need Extra Care

If either of you has children from a previous relationship, a will is absolutely essential. Intestacy rules and legal right shares can create unintended consequences, potentially leaving children from a previous relationship with less than you'd want them to have — or causing conflict between your spouse and your children.

A carefully drafted will lets you balance everyone's needs fairly and clearly.

5. Peace of Mind Has Real Value

There's something deeply reassuring about knowing you've taken care of this. You've protected each other. You've made your wishes clear. You won't lie awake worrying about what would happen if the worst occurred.

That peace of mind is worth far more than the hour it takes to make your will.

What to Include in Your Newlywed Will

Creating your will together doesn't need to be complicated. Here's what you should address:

1. Your Executor

Choose someone you trust to handle your estate. Many newlyweds name each other as primary executors, with a backup (like a sibling or close friend) in case you die together. Your executor will handle practical matters: closing accounts, selling property if necessary, distributing assets, and ensuring your wishes are carried out.

2. Beneficiaries

Be specific about who inherits what. Most newlyweds leave everything to each other, but also name contingent beneficiaries — who inherits if you die together, or if your spouse dies after you.

Consider:

• Do you want to leave anything specific to parents, siblings, or friends?
• Are there charities you want to support?
• What about sentimental items with emotional rather than financial value?

3. Guardianship (If You Have or Plan Children)

Name who you'd want to raise your children if both of you died. Choose people who share your values, who your children know and love, and who are willing and able to take on this responsibility.

Discuss this with your chosen guardians before naming them — it's a big ask, and you want to be sure they'd accept.

4. Specific Bequests

If you have items with sentimental value — heirlooms, jewelry, collections — state who should receive them. This prevents family disagreements and ensures your wishes are honoured.

5. Your Residuary Estate

After specific bequests, what happens to everything else (your "residuary estate")? For most newlyweds, this all goes to your spouse, with a contingency plan if you die together.

6. Digital Assets

Modern wills should address digital assets: social media accounts, cloud storage, cryptocurrency, digital photos, online businesses. Give your executor guidance about what should be preserved, closed, or deleted.

7. Funeral Wishes

While not legally binding in Ireland, you can state your preferences: burial or cremation, religious or secular service, organ donation. This guidance helps your spouse make difficult decisions during an emotional time.

Making Your Will Together: A Shared Promise

There's something beautiful about making your wills together as newlyweds. It's a private moment where you acknowledge that life is fragile, and you're committed to protecting each other in every possible way.

You'll discuss things you might not have talked about before: family dynamics, your deepest values, what matters most to you. It's an act of radical honesty and care.

And practically speaking, making wills together ensures you're on the same page. You'll understand each other's wishes, know who's named as executor and guardian, and have clarity about your joint estate plan.

Don't Wait: Your Marriage Deserves This Protection

You've already done the hard part — you found someone you want to spend your life with, and you made that commitment official. Making a will is simple by comparison, and it's one of the most loving things you can do for each other.

The law revoked your old will when you got married because your life changed fundamentally. Don't let that fresh start mean you're unprotected. Create a new will that reflects your married life, your shared future, and your commitment to each other.

Think of it as a wedding gift to each other — one that costs little, takes less than an hour, and provides protection that could make all the difference if the unthinkable happens.