Do I Really Need a Will If I'm Married?
Quick answer · Applies to Ireland
Without a will, intestacy rules and Irish law will decide what is inherited, rather than you. Irish law gives a spouse a legal right share, regardless of what is put in a will, but it does not let you name guardians, leave specific gifts, choose charities or appoint an executor. Making a will gives you more control about what happens your estate when you die.
Many married couples assume they don't need a will because everything will automatically go to their spouse. In Ireland, it's not quite that simple.
Irish law does protect spouses. If someone dies leaving a will, a spouse has a legal right share of the estate: at least half the estate if there are no children, or one-third if there are children. This protects the spouse regardless of what was outlined in the will.
Without a will, intestacy rules and Irish law will decide what is inherited, rather than you. Irish law gives a spouse a legal right share, regardless of what is put in a will, but it does not let you name guardians, leave specific gifts, choose charities or appoint an executor. Making a will gives you more control about what happens your estate when you die.
Even with these protections, having a will is still very important. A will allows you to:
- Specify exactly who gets what
- Appoint guardians for your children
- Leave gifts to friends, extended family, or charities
- Choose who manages your estate as executor
Without a will, these decisions are made for you by law — and they may not match what you or your spouse would want.