Free Last Will and Testament - Ireland

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Last Will and Testament

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Your Last Will and Testament

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, ____________________, County Carlow, Ireland, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will and Testament.


  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status
  5. I am not married.
  6. Children
  7. I do not have any living children.

  8. EXECUTOR
  9. Executor
  10. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix' and 'personal representative'.
  11. Appointment
  12. I appoint __________ of __________, County Carlow as the sole Executor of this my Will.
  13. Powers Of My Executor
  14. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
    2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision.
    3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
    4. To invest, let, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term, any and all real property belonging to my estate and to insure, repair, improve, add to, remove from or demolish or otherwise deal with such real properties as my Executor deems advisable without liability for loss or depreciation.
    5. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
    6. To open or close bank accounts.
    7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
    8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
    9. To employ any solicitor, accountant or other professional.
    10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt by any such parent or guardian discharges my Executor.

    The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.


  15. DISPOSITION OF ESTATE
  16. Specific Bequests
  17. To receive a specific bequest under this Will a beneficiary must survive me for thirty (30) days. Any item that fails to pass to a beneficiary will return to my estate to be included in the residue of my estate. All property given under this Will is subject to any encumbrances or liens attached to the property. My specific bequests are as follows:
  18. Distribution of Residue
  19. To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue.  All property given under this Will is subject to any encumbrances or liens attached to the property.
  20. I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"):
    1. All of the residue of my estate to __________ of __________, __________, for their own use absolutely.
  21. Wipeout Provision
  22. I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
    1. 100 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.
  23. Individuals Omitted From Bequests
  24. If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.

  25. GENERAL PROVISIONS
  26. No Contest Provision
  27. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  28. Severability
  29. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  30. Signature
  31. I, ____________________, the within named Testator, have to this my last Will contained on this and the preceding pages, set my hand at the City of __________, County Carlow, this 16th day of June, 2019 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

    _____________________
    ____________________

WITNESSES

This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after our names.

To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence.

We declare under penalty of perjury under the Law of Ireland that the foregoing is true and correct this 16th day of June, 2019, at __________, County Carlow.

Signed by ____________________ in our presence and then by us in their presence.

Signature

_________________________

 

Signature

_________________________

Name

_________________________

 

Name

_________________________

Address

_________________________

 

Address

_________________________

 

_________________________

   

_________________________

City/Town

_________________________

 

City/Town

_________________________

Eircode

_________________________

 

Eircode

_________________________

Date

_________________________

 

Date

_________________________

Last Will and Testament

Other Names:

A Last Will and Testament is often referred to as a Will or Last Will.

What is a Last Will?

A Last Will is a legal document containing instructions for how your estate should be dispensed with after you pass away. Your estate consists of your net worth; your total assets minus your total liabilities, at the time you pass away.

Your assets include cash held in bank accounts; real estate; personal property like vehicles, collectibles, clothing, and jewellery; and investments like bonds, shares of stock, and pensions. Liabilities include outstanding debts like personal loans and mortgages, and any other unpaid financial obligations.

What is the residue of my estate?

The residue of your estate is the remainder of your assets after your debts, funeral expenses, taxes, and any other outstanding balances have been paid, and after any specific gifts have been given to their recipients. The residue of your estate is typically what gets divided among your beneficiaries. If you do not leave the residue of your estate to one or more beneficiaries, it will be distributed as decided by the courts.

Why do I need a Last Will?

A Last Will is necessary if you wish to specify how your estate will be distributed when you pass away. Your Will enables you to transfer your personal wealth and valued possessions to your partner, family members, friends, and favourite organisations.

Who are the people involved in a Last Will?

There are several parties involved in a Last Will and each person plays a different role.

The Testator (male) or Testatrix (female) is the Last Will's creator. It is their assets that will be distributed when they pass away.

The Executor is the person (or persons) the Testator designates to execute the instructions contained in their Last Will. Your Executor may be a beneficiary listed in your Will. You can also designate an Alternate Executor in case your primary Executor is unable to administer your Last Will.

A Beneficiary is someone who will receive some or all of your estate upon your death. You may name multiple beneficiaries and divide your estate between them as you choose.

A Guardian is one or more persons you want to care for your minor children after you are gone.

A Pet Caretaker is the person you designate to care for your pet(s) after you pass away.

When choosing your Executor, Guardian, or Pet Caretaker, take care to select someone who is trustworthy and can handle the responsibilities of their appointed role. You should discuss your wishes with them and ensure they are willing to accept the role before writing them into your Last Will.

A Witness is someone who validates the completed draft of your final Will. This is achieved by having them observe you when you sign your Will, and then having them sign your Will as well. In Ireland, you must have two Witnesses sign your Last Will and Testament.

Who can be a witness to a Last Will?

Anyone of sound mind over the age of 18 who can visually observe you sign your Last Will can act as a Witness, with the following exceptions:

  • A Witness cannot be a beneficiary in your Will
  • A Witness's spouse or civil partner cannot be a beneficiary in your Will

What information is included in a Last Will?

When you create your Last Will and Testament, you will need to provide the following information:

  • Your personal information: name, address, and county
  • Your current marital status
  • Your Executor's name and personal information
  • Personal information for any/all biological and legally adopted children
  • Information about the assets or gifts you wish to bequeath, as well as information about the recipients or beneficiaries of them

What is a "wipeout clause"?

A Wipeout Clause covers a scenario whereby none of your beneficiaries or their alternates are still alive when you pass away. This situation could occur if you and your immediate family were to perish in a house fire or car accident.

In this instance, the government can treat your estate as if you didn't leave a Last Will, which is also known as dying intestate. If this occurs, the government may disperse your estate in a manner you would not have approved of when you were alive.

Use of a Wipeout Clause lets you name one or more "wipeout beneficiaries" who would inherit your estate in a scenario like the one described above.

When should I create a Last Will?

You should create a Last Will if you want to have a measure of control over who will receive your wealth and valued items after you have passed away.

These are some other factors of consideration that prompt people to create or update a Last Will:

  • When you get married, have children, or separate from a spouse or civil partner
  • If you have investments, savings, or other significant assets you want to distribute between select family members and friends
  • If you own property you wish to leave to someone who would benefit most from its ownership
  • If you own a business and wish to see it inherited by a partner or a business-savvy relative
  • If you travel frequently, work in a hazardous profession, or develop a serious health condition

Related Documents:

  • Advance Healthcare Directive: a legal document that contains your instructions for healthcare and medical treatment options, to be used when you are unable to speak on your own behalf
  • Power of Attorney: a legal form used to grant specific powers to another person you have designated to act on your behalf in certain situations
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