A Last Will and Testament is a crucial estate-planning document that outlines your wishes for the distribution of your assets and the care of any dependents after you pass away. 

Its primary purpose is to provide clarity and guidance, ensuring your estate is managed according to your will. This gives your loved ones peace of mind and prevents potential disputes or uncertainties.

Whether you’re a married couple or an individual, our template can accommodate various situations. Simply answer a series of questions to customise your Last Will to your specific needs. 

Once completed, you’ll get a PDF version of your document that you can print or download. We’ll also store your draft securely on our online platform, so you can access it anytime, anywhere. While the contents of your Will are kept confidential, you’ll have the convenience of viewing and updating it whenever necessary.

Use LawDepot’s Last Will and Testament template to create a simple yet comprehensive estate plan. We offer affordable options in the form of a free trial subscription, a single document license, or a paid yearly subscription. Pricing details are available at the end of the document questionnaire.

To complete your Last Will and Testament, you’ll need to provide:

1. Testator information

The testator is the Last Will's creator, also known as the will-maker. Their assets are distributed when they pass away.

As the testator, you must include your full name, place of residence, and marital status, as these details affect the laws that apply to the distribution of your estate. 

2. Executor information

Name someone as your executor (i.e., personal representative) and list their contact information. The executor of your estate is the person you appoint in your Last Will and Testament to carry out your final instructions. This person has legal authority to administer your Will.

You may have more than one executor. In this case, they must cooperate to administer your estate. It’s also best practice to name an alternate executor should anything prevent your first choice from carrying out your estate plans.

Choosing the right executor may be challenging, but it’s a crucial decision because your executor bears a large responsibility. This person should be someone you trust, who understands their duties, and who is willing to act as your personal representative. You can appoint your spouse, a friend, a relative, or a professional (like a solicitor or accountant) to be your executor.

Generally, your executor cannot be a minor. If you appoint a minor, courts will not grant them rights of administration until they turn 21 years old. In this case, executor duties fall to the child’s legal guardian (Succession Act, 1965 § 32). 

An executor’s duties may include:

• Distributing your property and assets to your beneficiaries
• Repaying your debts with money from your estate
• Recovering money other parties may owe you
• Filing necessary forms (including your final tax return)

3. Family details

Children typically have inheritance rights to their parents’ estates. As such, be sure to list all of your biological and legally adopted children. 

You should also make a note if the child (whether a minor or an adult) is a dependent. For example, this might include adult children who are mentally or physically disabled. If you have dependent children, you can use your Will to appoint a guardian to care for them like a parent would. 

4. Gifts and estate assets

First, name the beneficiaries you want to inherit your estate assets. You may name multiple beneficiaries and divide your estate between them as you choose. You’re free to designate specific gifts (e.g., a family heirloom) or a certain percentage of your estate to beneficiaries. You may list individuals or organisations as beneficiaries in your Will. 

If you’re listing a charity, be sure to include the Registered Charity Number (RCN). This is the official reference number issued by the government to every charity. You can typically find this number on donation receipts, the charity’s website, or by looking up the organisation in Ireland’s Register of Charities.

If you have minor beneficiaries, LawDepot’s Last Will and Testament template allows you to add a term for delaying their inheritance until they reach a certain age.

Keep in mind that there are some things that a testator cannot give away in their Will:

• Proceeds from programs that already have beneficiaries (e.g., life insurance)
• Jointly held property with rights of survivorship (i.e., the other owner automatically inherits the deceased’s share)
• Their spouse’s separately owned property

Once you’ve addressed any specific gifts, you must name a recipient to inherit the remainder of your estate. 

Finally, you add a total failure clause in case your listed beneficiaries cannot accept the inheritance. This clause states that the inheritance should be divided amongst the individuals of your choosing. Parents and siblings are common choices.

5. Final details

If you’d like to add specific instructions that aren’t already addressed in the questionnaire, you can write the clause yourself. For example, you may wish to forgive someone for an unpaid debt. In this case, our questionnaire provides a sample clause and writing tips to assist you.

While Irish laws don’t require you to hire a lawyer to write a Will, you can have one review your document for additional peace of mind. This can be helpful for complex estates with high-valued assets or investments that require more thought when it comes to naming beneficiaries and creating instructions. 

Remember: you should avoid adding instructions for funeral plans, as it’s possible your Last Will won’t be read until after your funeral, and these instructions will not be legally binding.

In Ireland, the Succession Act 1965, § 77 outlines the requirements for a valid Last Will and Testament

1. You must be at least 18 years old or married and of sound mind.
2. The Will must be written and signed by you, or someone else with your permission.
3. Two or more witnesses must watch you sign the Will and sign it too.
4. Your signature should be at the end of your Will.
5. Any changes made after signing won’t be valid.
6. You don’t need to tell anyone about your Will for it to be valid. 

A Last Will and Testament remains valid until it’s revoked or replaced by a new Will. There is no expiration date for a Will.

Yes. In fact, it’s best practice to review your Will regularly, especially after significant life events such as marriage, divorce, or the birth or adoption of children.

To make minor changes to your Will, you can use a document called a Codicil. This can add, delete, or change an instruction in your Last Will and Testament without invalidating it. 

However, if you need to make extensive changes, it’s best to create an entirely new document that includes a clause revoking any prior Wills you created. LawDepot’s Last Will and Testament template automatically includes such a clause, so there's no confusion about your most current intentions.

Yes, certain circumstances may permit people to contest a Last Will and Testament. For instance, someone can challenge a Will if they believe the document is invalid.

Additionally, children may apply to the court for provision from an estate if they believe they weren’t adequately provided for in the Will (Succession Act, 1965 § 117).

In Ireland, two witnesses must sign your Last Will and Testament. A witness cannot be a beneficiary (or the spouse of a beneficiary) under the Will. 

It’s best practice to choose someone who is impartial and doesn’t have a personal interest in the distribution of the estate. This helps to ensure the validity and integrity of your Last Will and Testament.

When someone dies without leaving a Will, their possessions and belongings are divided according to intestacy laws. This follows a formula for a fair division amongst the deceased’s family:

1. If they have a spouse but no children, the spouse gets everything.
2. If they have a spouse and children, the spouse gets two-thirds and the children share the rest.
3. If they have children but no spouse, the children share everything equally.
4. If there’s no spouse or children, but both parents are alive, they each get half.
5. If there’s no spouse, children, or parents, but there are brothers and sisters, they share everything equally. If the siblings pass away, their children get their share. 
6. If there are no spouses, children, parents, siblings, nieces, or nephews, the estate is divided equally among the closest relatives.
7. The closest relatives are determined by blood relationship, with those that are closest in relation being considered first. 
8. Relatives related by half-blood (such as half-siblings) are treated the same as those related by full-blood.
9. If no relatives can be found, the state takes over and inherits everything.

It’s important to note that intestacy laws may not align with your wishes. Without a Last Will and Testament, you risk having important instructions overlooked or your estate being divided differently than you would have divided it.