Making a will is an important decision anyone has to take. It is a document that will dictate what happens to your material possessions after your passing. It is a common misunderstanding that you should make a will only if you’re rich or have a reasonable sum of money. A will can be made by anyone, in any part of Ireland. Furthermore, a will can be made with or without a solicitor.

Criteria for making a will

While anyone can make a will, there are a few criteria to follow to make your will valid:

1. You should be 18-years-old or older.
2. You should be of sound mind and acting on your own free will.
3. The will should be in writing.
4. You sign your will in the presence of two witnesses.
5. Consequently, the will should also be signed by both witnesses and dated.

If you’ve established that you’re eligible according to the above-given criteria, you can set about writing your will.

Information to include

There is no specific format to make a will in Ireland. This means you don’t need to search ‘how do you make a will’. However, for a will to be valid, it does need to contain specific information regarding you.

• Your full name and address.
• Revocation clause: A formal, signed statement stating you revoke any previously made wills.
• Name and addresses of your executor(s) – person or persons who will carry out details of your will.
• Attestation clause: This requires you to sign and date your will. The Attestation Clause also requires your witnesses to sign and date the statement.
• Legacies: This is a complete list of all your legacies that you’re distributing in the will. Whether it is money, property or goods – all have to be included.

Any will you make should include the above-given points to make it valid and enforceable. The best way to enforce a will is to make it as clear as possible. This includes writing straightforward sentences dictating your wishes. Like: “I appoint AB residing in [address] as my executor.”

Why hire a solicitor?

Wills can be made without a solicitor, but there are inherent advantages of hiring one. They’re familiar with the law and any exceptions they have.

This means that they will be able to make your will accurate and valid without leaving anything out. They can quickly help cross-check your will to make sure all details are in order, and you haven’t assigned two beneficiaries or have made any other errors.

If you would like help making a will or with any other legal query, please get in touch with the team at Devaney & Partners.