How to Make a Will in Ireland: Step-by-Step Guide (2026)

Updated 14 August 2026.

Making a will in Ireland does not require a large estate, and there is no general rule that every will must be drafted by a solicitor. What matters is that the person making the will has the required capacity, the document records their wishes clearly, and it is executed correctly.

This guide explains how to make a will in Ireland step by step, including executors, beneficiaries, family inheritance rights, witness rules, online and DIY wills, and the circumstances where professional advice is the safer option.

Quick answer: under section 78 of the Succession Act 1965, a valid will must be in writing and signed at the foot or end by the person making it, or by someone acting in their presence and at their direction. The signature must be made or acknowledged while at least two witnesses are present at the same time. Each witness then signs in the presence of the person making the will.

How to make a will in Ireland: 7 practical steps

1. Make a simple list of your assets and responsibilities

Start by understanding what your estate consists of. This might include your home, other property, savings, investments, vehicles, valuable personal belongings, business interests and significant debts.

You do not normally need to list every ordinary household item in the will itself. The purpose of this step is to identify the assets that matter and anything that may require special treatment.

Also identify the people who need to be considered, including your spouse or civil partner, children, other dependants and anyone you specifically want to benefit.

2. Understand the family inheritance rights that apply

A will gives you substantial control over what happens to your estate, but that freedom is not unlimited.

Under section 111 of the Succession Act 1965, a surviving spouse has a legal right to one-half of the estate where there are no children, or one-third where there are children. Equivalent statutory legal-right shares apply to a surviving civil partner under section 81 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Children do not have the same automatic fixed legal-right share. However, section 117 of the Succession Act 1965 allows a child to apply to court where the testator failed in their moral duty to make proper provision for that child in accordance with their means.

If you intend to exclude a spouse, civil partner or child, make a very unequal family distribution, or your family circumstances are contentious, get specific legal advice rather than relying on a standard template.

3. Choose your executor

Your executor is the person who will administer your estate after your death. Their work can include locating the original will, identifying assets and liabilities, applying for the appropriate grant of representation, paying debts and expenses, dealing with tax matters and distributing the estate according to the will.

Choose someone reliable, organised and realistically able to act. It is also sensible to name a substitute executor in case your first choice dies before you, loses capacity or is unwilling to take on the role.

For more detail, read Executor of a Will in Ireland: Duties, Probate & Checklist.

4. Decide who should receive your estate

There are two common types of gift in a straightforward will:

• Specific gifts: a defined sum of money or clearly identified asset left to a named person or organisation.
• The residue: everything remaining after debts, expenses, tax and specific gifts have been dealt with.

The residuary clause is particularly important. Without an effective residuary gift, part of an estate can fall into intestacy even though a will exists.

Also decide what should happen if a beneficiary dies before you. Proper fallback provisions help prevent the estate passing in a way you did not intend.

5. Consider guardians and provisions for young children

For parents, a will can deal with more than money. It may be used to make a testamentary guardianship appointment and to set out how assets left to young beneficiaries are to be held and managed.

Guardianship can become more complicated where parents are separated, existing guardianship arrangements differ, or another guardian survives you. If the family position is not straightforward, professional advice is worthwhile.

For common family situations, see our will for parents with minor children and single-parent will.

6. Put your instructions into a clear, complete will

A straightforward Irish will will commonly deal with:

• your identity and address;
• revocation of earlier wills and testamentary dispositions;
• appointment of your executor and substitute executor;
• specific gifts, where required;
• the residuary estate;
• substitute or fallback beneficiaries;
• guardianship or provisions for young beneficiaries where relevant; and
• the signing and witness section.

The language should be clear and internally consistent. Do not try to create complex trusts, tax-planning structures or unusual conditions by adapting wording found online. Those are situations where bespoke legal drafting is appropriate.

If you want to compare DIY options first, see Will Kits in Ireland: DIY & Online Will Kits Explained.

7. Sign and witness the will correctly

This is not an administrative afterthought. A well-drafted document can still create serious problems if it is not executed correctly.

Section 78 requires:

1. The will to be in writing.
2. The person making the will to sign it at the foot or end, or to have another person sign in their presence and at their direction.
3. The signature to be made or acknowledged while at least two witnesses are present at the same time.
4. Each witness to sign in the presence of the person making the will.

A point frequently misstated online is that the witnesses do not have to sign in each other's presence. Both witnesses must be present at the same time when the testator signs or acknowledges the signature, and each must sign in the testator's presence. As a practical matter, keeping all three people together until the signing is complete is the simplest way to avoid uncertainty.

See our dedicated Irish will witness and signing checklist.

Who should witness a will in Ireland?

For a straightforward signing, use two competent, independent adults who are not receiving anything under the will.

Under section 82 of the Succession Act 1965, a gift to an attesting witness, or to that witness's spouse, is void so far as that person is concerned. This does not automatically invalidate the entire will, but it can defeat the gift you intended to make.

The safe practical rule is therefore simple: choose two independent witnesses who have no benefit under the will.

Can you make a will online in Ireland?

Yes. An online service or downloadable will kit can be used to prepare the document. The important distinction is between preparing a will online and executing it correctly.

An online document is not automatically valid simply because it has been completed or paid for. The final will must still satisfy the applicable Irish legal requirements and be executed correctly.

makeawill.ie provides different documents for common Irish family scenarios rather than treating one generic form as suitable for everybody. Each pack also includes completion and signing guidance.

Do you need a solicitor to make a will in Ireland?

Not in every case. The statutory rules governing capacity and execution do not impose a general requirement that a solicitor draft every will. Many people with straightforward circumstances choose to prepare a simple will themselves.

A solicitor is strongly advisable where the legal or factual position is more complex, including where:

• you own a business or significant business interests;
• you own property outside Ireland;
• you want complex trusts or significant tax planning;
• you have a blended family or potentially contentious family circumstances;
• there are concerns about mental capacity or undue influence;
• you intend to exclude, or make unusually limited provision for, a spouse, civil partner or child;
• you are separated and family-law arrangements may affect your estate planning; or
• you are not confident that a standard document reflects what you want to achieve.

A DIY will is useful when the circumstances are genuinely straightforward. It is not a substitute for tailored legal advice when they are not.

What age do you need to be to make a will?

Under section 77 of the Succession Act 1965, a person generally must have reached 18 years of age or be or have been married, and must be of sound disposing mind.

What happens to an old will when you make a new one?

A properly drafted new will normally contains a revocation clause dealing with earlier testamentary dispositions. Do not make handwritten changes to an executed will and assume they automatically take effect. Section 86 sets formal requirements for alterations made after execution.

Marriage can also affect an existing will. Under section 85, a subsequent marriage generally revokes an earlier will unless it was made in contemplation of that marriage, subject to later statutory amendments including the rule for civil partners who marry each other.

Review your will after major life changes such as marriage, separation, divorce, the birth or adoption of a child, the death of an executor or beneficiary, or a major change in your assets.

Common mistakes when making a will

• Using a beneficiary as a witness. Their gift can be lost.
• Forgetting the residue. The will should deal with property not covered by specific gifts.
• Using vague descriptions. Beneficiaries and important gifts should be identifiable without guesswork.
• Ignoring statutory family rights. Irish succession law can limit what a will can achieve.
• Signing incorrectly. Execution is part of what makes the will valid.
• Editing an executed will informally. Later alterations have their own formal requirements.
• Using a simple template for a complex estate. Complex circumstances call for tailored advice.

Frequently asked questions

Can I write my own will in Ireland?

Yes. There is no general statutory requirement that every will be drafted by a solicitor. The important questions are whether your circumstances are suitable for DIY drafting and whether the document is completed and executed correctly.

Can an executor also be a beneficiary?

Yes. It is common for a spouse or adult child to be both an executor and a beneficiary. If that person benefits under the will, do not use them as a witness.

Can a beneficiary witness my will?

They should not. Section 82 makes a gift to an attesting witness, or the witness's spouse, void so far as that person is concerned. Use independent witnesses.

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

No. Section 78 expressly says they do not need to sign in each other's presence. Both must, however, be present at the same time when the person making the will signs or acknowledges their signature, and each witness must sign in that person's presence.

Does an online will still need witnesses?

Yes. Preparing the document online does not remove the statutory execution requirements.

Choose the will that matches your circumstances

Important: This page provides general information about making a will in Ireland and is not legal advice. Purchasing a template does not by itself make a will valid. Suitability depends on individual circumstances, and the completed document must be executed correctly.