Free Last Will and Testament - Ireland

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Last Will and Testament

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Your Last Will and Testament

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, ____________________, County , Ireland, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will and Testament.

PRELIMINARY DECLARATIONS
Prior Wills and Codicils
I revoke all prior Wills and Codicils.
Marital Status
I am not married.
Children
I do not have any living children.
EXECUTOR
Executor
The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix' and 'personal representative'.
Appointment
I appoint __________ of __________, County Carlow as the sole Executor of this Will.
Powers Of My Executor
I give and appoint to my Executor the following duties and powers with respect to my estate:
1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by my Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
2. To take all legal actions to have the probate of my Will completed as quickly and simply as possible, and as free as possible from any court supervision.
3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
4. To invest, let, rent, exchange, mortgage, sell, dispose of or give options without being limited as to term, any and all real property belonging to my estate and to insure, repair, improve, add to, remove from or demolish or otherwise deal with such real properties as my Executor deems advisable without liability for loss or depreciation.
5. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
6. To open or close bank accounts.
7. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
9. To employ any solicitor, accountant or other professional.
10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any minor beneficiary, and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such minor beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of majority or, during the minority of such beneficiary, to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt by any such parent or guardian discharges my Executor.
The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.
DISPOSITION OF ESTATE
Specific Bequests
To receive a specific bequest under this Will a beneficiary must survive me for thirty (30) days. Any item that fails to pass to a beneficiary will return to my estate to be included in the residue of my estate. All property given under this Will is subject to any encumbrances or liens attached to the property. My specific bequests are as follows:
Distribution of Residue
To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of my Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of my Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.
I direct my Executor to distribute the residue of my estate as follows ("Share Allocations"):
1. All of the residue of my estate to __________ of __________, , for their own use absolutely.
Wipeout Provision
I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
1. 100 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.
Individuals Omitted From Bequests
If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.
GENERAL PROVISIONS
No Contest Provision
If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
Severability
If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
Signature
I, ____________________, the within named Testator, have to this my last Will contained on this and the preceding pages, set my hand at the City of __________, County , this 21st day of November, 2024 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

_____________________
____________________

WITNESSES

This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after our names.

To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence.

We declare under penalty of perjury under the Law of Ireland that the foregoing is true and correct this 21st day of November, 2024, at __________, County .

Signed by ____________________ in our presence and then by us in their presence.

Signature	_________________________	Signature	_________________________
Name	_________________________	Name	_________________________
Address	_________________________	Address	_________________________
	_________________________		_________________________
City/Town	_________________________	City/Town	_________________________
Eircode	_________________________	Eircode	_________________________
Date	_________________________	Date	_________________________

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Last Will and Testament Document Preview

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Last Updated September 16, 2024

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What is a Last Will and Testament?

A Last Will and Testament is a crucial estate-planning document that outlines your wishes for the distribution of your assets and the care of any dependents after you pass away.

Its primary purpose is to provide clarity and guidance, ensuring your estate is managed according to your will. This gives your loved ones peace of mind and prevents potential disputes or uncertainties.

Whether you’re a married couple or an individual, our template can accommodate various situations. Simply answer a series of questions to customise your Last Will to your specific needs.

Once completed, you’ll get a PDF version of your document that you can print or download. We’ll also store your draft securely on our online platform, so you can access it anytime, anywhere. While the contents of your Will are kept confidential, you’ll have the convenience of viewing and updating it whenever necessary.

How do I write a Last Will and Testament?

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:

1. Testator information

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.

2. Executor information

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.

What makes a Last Will and Testament valid in Ireland?

In Ireland, the Succession Act 1965, § 77 outlines the requirements for a valid Last Will and Testament

You must be at least 18 years old or married and of sound mind.
The Will must be written and signed by you, or someone else with your permission.
Two or more witnesses must watch you sign the Will and sign it too.
Your signature should be at the end of your Will.
Any changes made after signing won’t be valid.
You don’t need to tell anyone about your Will for it to be valid.

A Last Will and Testament remains valid until it’s revoked or replaced by a new Will. There is no expiration date for a Will.

Can a Last Will and Testament be changed?

Yes. In fact, it’s best practice to review your Will regularly, especially after significant life events such as marriage, divorce, or the birth or adoption of children.

To make minor changes to your Will, you can use a document called a Codicil. This can add, delete, or change an instruction in your Last Will and Testament without invalidating it.

However, if you need to make extensive changes, it’s best to create an entirely new document that includes a clause revoking any prior Wills you created. LawDepot’s Last Will and Testament template automatically includes such a clause, so there's no confusion about your most current intentions.

Can someone contest my Last Will and Testament?

Who can be a witness to a Last Will?

What happens when someone dies without a Last Will and Testament?

When someone dies without leaving a Will, their possessions and belongings are divided according to intestacy laws. This follows a formula for a fair division amongst the deceased’s family:

If they have a spouse but no children, the spouse gets everything.
If they have a spouse and children, the spouse gets two-thirds and the children share the rest.
If they have children but no spouse, the children share everything equally.
If there’s no spouse or children, but both parents are alive, they each get half.
If there’s no spouse, children, or parents, but there are brothers and sisters, they share everything equally. If the siblings pass away, their children get their share.
If there are no spouses, children, parents, siblings, nieces, or nephews, the estate is divided equally among the closest relatives.
The closest relatives are determined by blood relationship, with those that are closest in relation being considered first.
Relatives related by half-blood (such as half-siblings) are treated the same as those related by full-blood.
If no relatives can be found, the state takes over and inherits everything.

It’s important to note that intestacy laws may not align with your wishes. Without a Last Will and Testament, you risk having important instructions overlooked or your estate being divided differently than you would have divided it.

Free Last Will and Testament - Ireland

Create Your Free Last Will and Testament

Last Will and Testament

QGIrelandLanding

Your Last Will and Testament

What is a Last Will and Testament?

How do I write a Last Will and Testament?

What makes a Last Will and Testament valid in Ireland?

Can a Last Will and Testament be changed?

Can someone contest my Last Will and Testament?

Who can be a witness to a Last Will?

What happens when someone dies without a Last Will and Testament?

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