Do You Need a Will in Ireland? — 10 Situations That Say Yes

Many people in Cork put off making a will. "I'll do it later" is the most common reason — and unfortunately, later doesn't always come. Here are 10 situations where you absolutely need a will.

1. You Are in a Cohabiting Relationship

This is the most urgent situation. Ireland's intestacy rules give your unmarried partner absolutely nothing if you die without a will — regardless of how long you've lived together or what you've built. A will fixes this immediately.

2. You Own Property

A house is typically the most valuable asset in an Irish estate. Without a will specifying who inherits, property can become the subject of family disputes, Revenue scrutiny, and costly legal proceedings.

3. You Have Children Under 18

A will allows you to appoint guardians for your minor children. Without a will, a court decides who cares for your children — potentially not the person you would choose.

4. You Have a Blended Family

Stepchildren have no automatic inheritance rights under Irish law. If you want stepchildren to inherit, you must say so in a will. Intestacy rules could see assets pass entirely to biological children, cutting out stepchildren entirely.

5. You Are Separated or Divorced

Separation does not automatically revoke an existing will. If you made a will when married leaving everything to your spouse and you are now separated — your spouse may still inherit under that will. Update your will immediately after any relationship breakdown.

6. You Own a Business

Business succession is complex. Without a will, your business interests pass under intestacy rules — potentially to family members with no involvement in the business, forcing a sale or disruption. A will allows you to plan succession properly.

7. You Have Assets Abroad

Property in Spain, France, the UK or elsewhere adds complexity. An Irish will should address foreign assets, and you may need wills in multiple jurisdictions. Hugh Phelan Solicitor can advise on international estate planning.

8. You Have Significant Savings or Investments

While bank accounts may transfer without probate (subject to limits), significant savings, investment portfolios or pension death benefits need careful planning to ensure they reach the right people efficiently.

9. You Want to Make a Charitable Gift

Charitable bequests must be specifically stated in a will. Intestacy rules never include charities. If you want to leave a legacy to a Cork charity, hospital or cause, only a will makes it happen.

10. You Simply Have Views About Your Estate

The most straightforward reason: you have opinions about who should get what. The only legal way to enforce those wishes is a valid will. Without one, a judge and the 1965 Succession Act decide — not you.

Frequently Asked Questions

Does everyone in Ireland need a will?

Almost everyone benefits from a will. Cohabiting couples, property owners, parents of minor children, business owners and anyone with specific wishes for their estate should all have a valid will.

What happens if I die without a will in Cork?

Your estate is distributed under the Succession Act 1965 intestacy rules. Unmarried partners receive nothing. Stepchildren may receive nothing. Your specific wishes are ignored.

How do I make a will in Cork?

Contact Hugh Phelan Solicitor on 021-489-7134. One consultation is all it takes to get your will drafted professionally.