Use LawDepot’s Last Will and Testament template to create a simple yet comprehensive estate plan. We offer affordable options in the form of a free trial subscription, a single document license, or a paid yearly subscription. Pricing details are available at the end of the document questionnaire.
To complete your Last Will and Testament, you’ll need to provide:
The testator is the Last Will's creator, also known as the will-maker. Their assets are distributed when they pass away.
As the testator, you must include your full name, place of residence, and marital status, as these details affect the laws that apply to the distribution of your estate.
Name someone as your executor (i.e., personal representative) and list their contact information. The executor of your estate is the person you appoint in your Last Will and Testament to carry out your final instructions. This person has legal authority to administer your Will.
You may have more than one executor. In this case, they must cooperate to administer your estate. It’s also best practice to name an alternate executor should anything prevent your first choice from carrying out your estate plans.
Choosing the right executor may be challenging, but it’s a crucial decision because your executor bears a large responsibility. This person should be someone you trust, who understands their duties, and who is willing to act as your personal representative. You can appoint your spouse, a friend, a relative, or a professional (like a solicitor or accountant) to be your executor.
Generally, your executor cannot be a minor. If you appoint a minor, courts will not grant them rights of administration until they turn 21 years old. In this case, executor duties fall to the child’s legal guardian (Succession Act, 1965 § 32).
An executor’s duties may include:
- Distributing your property and assets to your beneficiaries
- Repaying your debts with money from your estate
- Recovering money other parties may owe you
- Filing necessary forms (including your final tax return)
3. Family details
Children typically have inheritance rights to their parents’ estates. As such, be sure to list all of your biological and legally adopted children.
You should also make a note if the child (whether a minor or an adult) is a dependent. For example, this might include adult children who are mentally or physically disabled. If you have dependent children, you can use your Will to appoint a guardian to care for them like a parent would.
4. Gifts and estate assets
First, name the beneficiaries you want to inherit your estate assets. You may name multiple beneficiaries and divide your estate between them as you choose. You’re free to designate specific gifts (e.g., a family heirloom) or a certain percentage of your estate to beneficiaries. You may list individuals or organisations as beneficiaries in your Will.
If you’re listing a charity, be sure to include the Registered Charity Number (RCN). This is the official reference number issued by the government to every charity. You can typically find this number on donation receipts, the charity’s website, or by looking up the organisation in Ireland’s Register of Charities.
If you have minor beneficiaries, LawDepot’s Last Will and Testament template allows you to add a term for delaying their inheritance until they reach a certain age.
Keep in mind that there are some things that a testator cannot give away in their Will:
- Proceeds from programs that already have beneficiaries (e.g., life insurance)
- Jointly held property with rights of survivorship (i.e., the other owner automatically inherits the deceased’s share)
- Their spouse’s separately owned property
Once you’ve addressed any specific gifts, you must name a recipient to inherit the remainder of your estate.
Finally, you add a total failure clause in case your listed beneficiaries cannot accept the inheritance. This clause states that the inheritance should be divided amongst the individuals of your choosing. Parents and siblings are common choices.
5. Final details
If you’d like to add specific instructions that aren’t already addressed in the questionnaire, you can write the clause yourself. For example, you may wish to forgive someone for an unpaid debt. In this case, our questionnaire provides a sample clause and writing tips to assist you.
While Irish laws don’t require you to hire a lawyer to write a Will, you can have one review your document for additional peace of mind. This can be helpful for complex estates with high-valued assets or investments that require more thought when it comes to naming beneficiaries and creating instructions.
Remember: you should avoid adding instructions for funeral plans, as it’s possible your Last Will won’t be read until after your funeral, and these instructions will not be legally binding.
