Can I make my own will in Ireland?
Yes — you can write your own will, as long as it's properly made. To be valid you must be 18 or over (or married) and of sound mind, and the will must be in writing. You sign at the end in the presence of two witnesses, both present at the same time, who then sign in your presence. Witnesses (and their spouses) can't be beneficiaries — a gift to a witness is void, though the will stays valid. A crucial limit: a surviving spouse or civil partner has a Legal Right Share that overrides your wishes — one-third of the estate if you have children, one-half if you don't. Children have no fixed share but can apply to court under Section 117 if you failed in your moral duty to provide for them. In short: yes, with the right formalities and within the spouse's legal share.
📋 The rules
- Be 18+ (or married) and of sound mind
- The will must be in writing
- Sign before two witnesses present together
- Witnesses can't be beneficiaries
- A spouse's Legal Right Share overrides the will
🔓 Exceptions
- Marriage automatically revokes an earlier will (unless made for that marriage)
- A spouse can renounce the Legal Right Share in writing
- Dying without a will means fixed intestacy shares apply
⚠️ Penalties & fines
There are no fines — but a will that's incorrectly witnessed or signed is invalid, and the estate is then distributed as if there were no will. Most estates need a Grant of Representation (probate) to be administered. The Legal Right Share means a married or civil-partnered person cannot leave their spouse less than one-third (with children) or one-half (no children) of the estate. If you die intestate (no valid will), the Succession Act's fixed shares apply — for example, a spouse and children share two-thirds to the spouse, one-third among the children. Beware a myth: "I can leave my entire estate to anyone I choose" is false for a married person — you cannot disinherit your spouse below their Legal Right Share. To make a valid will: put it in writing, sign before two non-beneficiary witnesses, and consider legal advice for larger estates.
📎 Official sources
❓ Frequently asked
Can I write my own will?
Yes. You can write your own will in Ireland provided you're 18 or over, or married, and of sound mind. The will must be in writing, and you must sign it at the end in the presence of two witnesses who are both there at the same time and who then sign in your presence. Getting these formalities right is essential.
Who can be a witness?
Your two witnesses must both be present together when you sign, and then sign themselves in your presence. Crucially, a witness — or their spouse or civil partner — can't be a beneficiary under the will. If a witness is left a gift, that gift is void, although the rest of the will remains valid.
Can I leave everything to whoever I want?
Not entirely, if you're married or in a civil partnership. Your spouse or civil partner has a Legal Right Share that overrides your will — one-third of your estate if you have children, or one-half if you don't. You can't disinherit them below that share, though they can choose to renounce it in writing.
What happens if my will is invalid?
If your will isn't properly signed and witnessed, it's invalid, and your estate is distributed as though you'd left no will at all, under the intestacy rules in the Succession Act 1965. That may produce a very different outcome from what you intended, which is why the signing and witnessing formalities matter so much.
Do my children have a right to inherit?
Children don't have an automatic fixed share of your estate. However, a child who feels you failed in your moral duty to provide for them can apply to court under Section 117 of the Succession Act 1965. The court can then make provision for that child out of the estate, depending on the circumstances.
🔎 Common searches
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