The short answer: yes, and here is why
If you own anything of value, have children, or care about who benefits from your estate after you die, you need a will. It is as simple as that.
Most adults in Ireland do not have a valid will in place. Research consistently shows that fewer than half of Irish adults have made one. The reasons are familiar: it feels like something you will get around to eventually, it is uncomfortable to think about, and life is busy. But the consequences of not having a will are real and immediate if the worst happens.
Making a will is not a morbid task. It is one of the most responsible things you can do for the people you love. A will gives you control over what happens to your assets, who looks after your children, and how your estate is managed. Without one, those decisions are made for you by rules that may not reflect your wishes at all.
What happens if you die without a will in Ireland (intestacy)
If you die without a valid will, your estate is distributed according to the rules of intestacy set out in the Succession Act 1965. These rules follow a rigid formula based on your family relationships. They do not take into account your personal wishes, your relationships, or the specific needs of the people you leave behind.
How the intestacy rules work
The rules depend on who survives you:
- Spouse and children: Your spouse receives two-thirds of your estate. The remaining one-third is divided equally among your children.
- Spouse, no children: Your spouse inherits your entire estate.
- Children, no spouse: Your children inherit everything, divided equally.
- No spouse or children: Your estate passes to your parents. If your parents have died, it goes to your siblings. If no siblings survive, it passes to nieces and nephews, and so on through increasingly distant relatives.
The real impact
Consider a scenario that is increasingly common in Ireland. You have been living with your partner for 15 years. You own a home together, you share finances, and you consider yourselves a family. But you are not married.
Under the intestacy rules, your partner has no automatic right to inherit anything. If you die without a will, your estate passes to your next of kin according to the formula above. Your partner could be left without the family home, without financial support, and without any legal claim to the life you built together.
A will is the only way to ensure that the people who matter most to you are provided for, regardless of whether your relationship fits the traditional legal categories.
Appointing guardians for your children
For parents, guardianship is the single most important reason to make a will. This is not about money or property. It is about who raises your children if you are no longer there to do it yourself.
Without a will naming guardians, the courts decide who looks after your children. The court will act in the best interests of the child, but its decision may not match yours. The process takes time, causes uncertainty, and can create conflict within families at the worst possible moment.
By naming guardians in your will, you make that choice yourself. You decide who you trust to raise your children, who shares your values, and who will provide the stability your children need. Both parents should name the same guardians, and it is wise to name alternates in case your first choice is unable to take on the role.
The guardian appointment only takes effect if both parents die or are permanently incapacitated. If one parent survives, they retain full parental rights regardless of what the will says. But for the scenario where both parents are gone, a will is the only way to have your say.
If this is your primary concern, you are not alone. For many of the families we work with at Coyne Solicitors, guardianship is the reason they finally make the appointment. Everything else, the assets, the tax planning, the executor appointment, follows from that one decision.
When you should make or update your will
There is no wrong time to make a will, but there are moments in life when it becomes particularly important. Here are the events that should prompt you to act:
First child
The arrival of a child is the most powerful trigger. You need to name guardians, and you want to ensure your child is financially provided for. If you do nothing else, do this.
Buying property
If you own a home, that asset needs to be dealt with in your will. Without one, the intestacy rules decide who gets it, and that may not be your partner or the person you intended.
Marriage or civil partnership
Getting married automatically revokes any existing will you have (unless the will was made in contemplation of the marriage). If you marry without making a new will, the intestacy rules apply. Many newlyweds do not realise this.
Divorce or separation
Divorce does not automatically revoke your will in Ireland. If you divorce and do not update your will, your ex-spouse could still inherit under its terms. This is one of the most common and costly mistakes people make.
Receiving an inheritance
If you have recently inherited assets, those assets are now part of your estate. Your will needs to reflect your wishes for how they are passed on.
Bereavement
If someone named in your will as a beneficiary, executor, or guardian has died, your will needs to be updated. An outdated will can create confusion and legal complications.
Retirement
As you approach retirement, your assets, pension arrangements, and family circumstances may have changed significantly since you last made your will. A review ensures everything is still in order.
New relationship
If you are in a new relationship, particularly if you are cohabiting, your will is the only way to ensure your partner is provided for. Cohabiting partners have no automatic inheritance rights under Irish law.
How to get started
Making a will is simpler than most people expect. At Coyne Solicitors, the process works like this:
- Initial consultation: You meet with a solicitor (at our offices in Lucan, Dublin, or by phone or video call) to discuss your wishes. We will ask about your family, your assets, and any specific instructions you have. This conversation typically takes 30 to 45 minutes.
- Drafting: Based on your instructions, we prepare a draft will for your review. We will explain each clause and make sure everything reflects your wishes.
- Signing: Once you are happy with the draft, you attend a signing appointment at our offices. Two witnesses are required, and we arrange those for you. The will is signed, witnessed, and becomes legally valid.
- Storage (optional): Secure storage of your original will is available as an optional extra. You receive a copy for your records.
The entire process typically takes a few days from the initial consultation to the signed will. For most families, it is one of the quickest and most straightforward legal tasks you will ever undertake.
What it costs
At Coyne Solicitors, a single will costs EUR 369 and a couples' will costs EUR 615. Both prices are fixed, VAT-inclusive, and cover everything from the consultation to signing. For a detailed breakdown, see our guide to the cost of making a will in Ireland.
Take the first step
You have been thinking about making a will for a while now. Most people have. The difference is in taking that first step. Visit our wills service page to find out more, or contact us to request your consultation. Our team is here to make the process as straightforward as possible.
If you are also wondering about how inheritance tax works in Ireland and how a will can help manage your family's tax position, our comprehensive guide covers the current thresholds, rates, and planning opportunities.
