Final Checklist: Making Your Will Legally Valid in Ireland

Before you consider your will complete, use this checklist to make sure everything is in order. A valid will in Ireland must meet specific legal requirements under the Succession Act 1965.

1. You Are Over 18 (or Married)

In Ireland, you must be at least 18 years old to make a valid will — unless you are or have been married, in which case you can make a will before then.

2. You Have Testamentary Capacity

You must understand:

• What a will is and what it does
• The nature and extent of your assets
• Who might reasonably expect to benefit from your estate

If there is any doubt about capacity, a medical opinion at the time of making the will can provide valuable evidence.

3. The Will Is in Writing

Oral (spoken) wills are not valid in Ireland. Your will must be a written document — typed or handwritten.

4. The Will Is Signed Correctly

• Signed by you at the foot or end of the will
• Or signed by someone else in your presence and at your direction
• Your signature must be made or acknowledged in the presence of two witnesses

5. Two Witnesses Have Signed

• Both witnesses must be present when you sign (or acknowledge your signature)
• Both must then sign the will in your presence
• Neither witness (nor their spouse/civil partner) should be a beneficiary

6. No Undue Influence

The will must reflect your own free wishes. If someone pressured or manipulated you into making certain provisions, the will (or parts of it) could be challenged.

7. An Executor Has Been Named

While not strictly a legal requirement for validity, naming an executor ensures there is someone responsible for carrying out your wishes.

8. Spouse's Legal Right Share Is Considered

In Ireland, a surviving spouse has a legal right to a share of the estate. If your will does not account for this, it could be partially overridden by law.

9. The Will Revokes Previous Wills

It is standard practice to include a clause revoking all previous wills and codicils to avoid confusion.

10. The Original Is Stored Safely

The original signed will should be kept in a secure location — such as with a solicitor, in a fireproof safe, or in a known secure place. Let your executor know where it is.

Quick Summary

• Over 18 or married
• Sound mind
• In writing
• Signed at the end
• Two witnesses present and signed
• No undue influence
• Executor named
• Spouse's rights considered
• Previous wills revoked
• Original stored safely

Final Note

Making a will is one of the most important things you can do for your family. Taking a few minutes to check these points can save a great deal of difficulty later.