Do You Need A Solicitor To Make A Will In Ireland?

Do You Need a Solicitor to Make a Will in Ireland?

No. Irish law does not require every will to be drafted by a solicitor. A DIY or online-prepared will can be valid if it satisfies the statutory formalities and is appropriate for the person's circumstances. A solicitor is still the safer route where the estate, family situation or intended distribution is complex.

Last reviewed: 23 August 2026 by the MakeAWILL.ie Editorial Team.

What Irish law actually requires

Section 78 of the Succession Act 1965 sets out the core execution requirements. In practical terms:

  • The will must be in writing.
  • The testator must sign at the foot or end of the will, or acknowledge an existing signature.
  • The signature or acknowledgement must take place in the presence of two witnesses who are present at the same time.
  • Each witness must attest and sign the will in the testator's presence.

The Act does not say that the two witnesses must sign in each other's presence. The essential requirement is that both witnesses are present together when the testator signs or acknowledges the signature, and that each witness signs in the testator's presence.

Can a beneficiary witness a will?

Using a beneficiary as a witness is a bad idea. Under section 82 of the Succession Act 1965, a gift to an attesting witness, or to that witness's spouse or civil partner, can be void even though the witness remains competent to prove the execution of the will.

The practical rule is simple: use two independent adult witnesses who are not receiving anything under the will and are not married to or in a civil partnership with a beneficiary.

When a solicitor may not be necessary

A template or DIY approach can be reasonable where the circumstances are genuinely straightforward, for example:

  • assets are mainly in Ireland;
  • beneficiaries and intended shares are clear;
  • there is no expected family dispute;
  • there are no complicated trusts, business succession arrangements or tax-planning requirements;
  • the person making the will understands the document and can follow the signing instructions carefully.

The fact that a will looks short does not necessarily mean the underlying estate is simple. Property ownership, family relationships and beneficiary rights can materially affect the result.

When you should use a solicitor

Professional advice is strongly recommended where any of the following apply:

  • blended families, estrangement or children from previous relationships;
  • foreign property or assets in more than one jurisdiction;
  • business ownership, farm succession or complex company interests;
  • significant inheritance-tax planning;
  • a vulnerable beneficiary or a need for a more sophisticated trust;
  • concerns about testamentary capacity or undue influence;
  • you intend to exclude someone who may expect to benefit;
  • you expect the will to be challenged.

In those cases the value of the solicitor is not merely typing the document. It is identifying legal conflicts and risks that a generic template cannot resolve.

Marriage, children and family rights

Marriage or civil partnership can affect an existing will. Spouses and civil partners can also have statutory inheritance rights. Children may have rights to apply to the court under section 117 of the Succession Act 1965 in certain circumstances. Parents of minor children also need to consider guardianship and how children's inheritances will be managed.

Those issues do not automatically make a DIY will unsuitable, but they are exactly the areas where careless drafting can produce a result different from what the testator intended.

What people most often get wrong

  • Not having both witnesses present when the testator signs or acknowledges the signature.
  • Using a beneficiary, or that beneficiary's spouse or civil partner, as a witness.
  • Making handwritten alterations after execution without observing the required formalities.
  • Failing to deal with the residue of the estate.
  • Using a template that does not match the person's actual family or asset situation.
  • Failing to review the will after a major life event.

Are online wills legal in Ireland?

Preparing a will online does not make it invalid. Online services and templates are simply methods of preparing the document. The finished will still has to comply with Irish law and be executed correctly.

For a fuller explanation, see Are Online Wills Legal in Ireland?.

Frequently asked questions

Can I write my own will in Ireland?

Yes. There is no general requirement that a solicitor draft it. The statutory formalities and the suitability of the document for your circumstances are what matter.

Do the witnesses have to sign in front of each other?

Section 78 requires both witnesses to be present at the same time when the testator signs or acknowledges the signature. Each witness must then sign in the testator's presence. The section does not impose a separate requirement that each witness sign in the other witness's presence.

Can a handwritten will be valid?

Potentially, yes, if it satisfies the same statutory requirements. An email or unsigned digital draft by itself is not an executed will.

Can I change my will later?

Yes, but changes to a signed will must be made using a legally effective method, such as a properly executed codicil or a new will. Informal edits can create serious problems.

So, do you need a solicitor?

Not necessarily. For a straightforward Irish estate, a properly prepared template can be a practical option. Where there is complexity, uncertainty, tax planning, cross-border property or a realistic prospect of dispute, use a solicitor.

This page provides general information, not legal advice. If you are unsure whether your circumstances are straightforward, seek advice from an Irish solicitor.