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Making a will

When should you use a solicitor to make a will?

Recognise the family, property and capacity issues that make individual legal advice important when preparing an Irish will.

A couple discussing their plans in a professional office

A straightforward will can record straightforward wishes. The difficulty is knowing when a situation that sounds simple actually contains a legal problem. A solicitor's value is often in identifying that problem before the wording is prepared.

You do not need to wait until a dispute exists. Advice can be particularly useful where the plan involves competing responsibilities, unusual assets or a person who may need protection after your death.

Family circumstances that need attention

Children from different relationships, a dependent adult, an estranged child or an intention to exclude a spouse all deserve careful consideration. Irish law protects certain family interests, and a will cannot simply switch those protections off.

The same applies where someone depends on you but would not automatically inherit. An unmarried partner, for example, may face a very different position from a spouse. The legal plan and the tax consequences should be considered together.

Property and business questions

Seek advice if you own assets abroad, a farm, a business interest or property held under arrangements you do not fully understand. A company shareholding is different from personally owning the company's assets. A jointly owned home may also pass differently depending on the ownership structure.

Tax reliefs can be valuable but conditional. It is risky to draft a gift on the assumption that agricultural, business or dwelling-house relief will necessarily apply when the time comes.

Understanding and independence

If there is any concern about capacity, communication or pressure from another person, arrange independent advice. The will-maker's wishes must be their own, and the process should provide reliable evidence of what they understood and intended.

A solicitor can also help where signing requires special arrangements or where the proposed wording introduces a trust, a life interest or a right to occupy a home.

Prepare for the meeting by listing your family, assets and desired outcomes. Bring existing wills and relevant property or family-law documents. You do not need to arrive with a legal solution already worked out.

The purpose of professional advice is to make the plan fit your circumstances. An online will or kit may remain suitable for a simpler situation, but it should never be used to conceal a question that needs an individual answer.

Sources and further reading

General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.