Will Preparation in Ireland
Will Preparation in IrelandUpdated on Monday 11th December 2017
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A will is the document signed by a natural person in which it is described the manner in which the person’s properties will be divided following his or her death. The will has to be completed following the applicable legislation in Ireland in order to be considered valid, and thus, recognised by the local authorities. The person who wishes to draw a will has to comply with certain regulations regarding his or her age, while the document itself must contain specific requirements and our team of lawyers in Ireland can advise on this subject.
Requirements for the Irish testator
The testator refers to the person who wishes to draw a will in Ireland. According to the legislation on this matter, the testator should meet all the below mentioned criteria in order to sign an Irish will:
• have a minimum age of 18 years old;
• act on his or her own free will;
• be of sound mind.
It is also necessary to appoint two witnesses, who will sign the document after the testator has already signed it. The witnesses can’t benefit from the stipulations of the will, under the Irish legislation. If the testator will name his or her witnesses as beneficiaries of the will, the document will still be considered valid, but the respective parties will not be able to receive the assigned inheritance. Our team of Irish lawyers can offer further legal counselling on this aspect.
At the same time, the testator must prove his or her capacity to sign a will by providing a sworn statement from a doctor.
Requirements for the Irish will
In order to assign the testator’s assets to specific persons, the will should be completed in a written form. Although oral wills were permitted under the Irish legislation for specific categories of persons (sailors, military personnel or soldiers), this is no longer applicable, as all the Irish wills have to be concluded as written documents.
The manner in which the testator's properties will be divided is concluded following the regulations of the Succession Act, 1965. You may contact our law firm in Ireland for further legal aspects that should be respected when signing an Irish will.