Many people tend to put off making a will until they feel like they have to. In fact, in a recent poll we found that 71% of people don't have a will! (Irish Life Financial Services, 2021) We sat down with Susan Murphy of MakeMyWill Solicitors to see if it’s actually worth the time (and money) to get a will sooner rather than later.

Why it is important to make a will

🚨Spoiler Alert🚨 It is absolutely worthwhile! It’s admittedly a bit morbid to think about, but it’ll save your future self a lot of hassle. Here are just a few key reasons to make a will now:

1. If your will is not signed before death, what you wish to happen with your money and property will not be legally binding
2. If you have several children and no will, conflict over how assets are divided can cause temporary or even lifelong conflict
3. If you aren’t married your partner won’t be entitled to any of your assets
4. If you don’t have a will, it will be a lot more work for your loved ones when you pass away (longer process, more paperwork, more legal fees)

Luckily, it’s much easier to make a will than you think.

What is the purpose of a last will and testament?

While there’s no legal requirement to have a will, it offers security and peace of mind. “A will is your opportunity to make sure that your final wishes are met and that your estate is distributed how you’d like, to the people you want,” says Susan Murphy.

When to make a will

Once you’re over 18 you’re eligible. Typically it would be most relevant when you’ve made a substantial purchase, like a house or an object of great value, or when you’ve had a child. Or, perhaps you have unusual family circumstances and you’d like to make sure someone in particular benefits– or someone in particular does not!

How do I make a will?

Your safest option is to work with a professional. Before, the hassle of making an appointment to go into a solicitor’s office was off-putting. Now, there are more and more options to make a will over the phone or even online. Susan Murphy of www.makemywill.ie says, “It’s more straightforward than people anticipate. Clients often say, ‘Is that it? Why did I wait so long to do that!’”

Can I make my own will in Ireland?

Technically yes as long as there is a hard copy signed in front of 2 witnesses. In fact, a handwritten will can even be legal!

Unfortunately, most DIY wills are not legally valid. Something as simple as stapling or paperclipping your will could make it invalid! It’s best to get the help of a professional who understands the nuances of wills so that you don’t need to worry about how to write a legal will yourself.

What to consider when making a will

There’s a lot to consider when making a will. A professional can help to make sure you have considered all angles and a legal will format is used. Before you meet, here are a few things to consider:

• What are your family circumstances? Do you want everything evenly distributed, or are there people you wish to have a bigger slice of the pie?
• What is the value of your estate?
• The amount you will be dividing between beneficiaries will be after payment of your expenses (i.e. your funeral, solicitor’s fees, etc.)
• Are there any charities you would like to include?
• Do you want to name any specific items, like jewellery or art?
• Your witnesses cannot be beneficiaries named in the will (They do not need to read the will, just to be there for your signature. They could be work colleagues, friends, neighbours, etc.)
• The executor, who will carry out the instructions of your will, should be organised, efficient, and in the same country

What should my will contain?

You’ll cover quite a bit in your conversation while drafting your will. While not everything will be in the will itself, here are a few things you may be asked about:

• Which financial institutions are your bank accounts with?
• Who provides your life insurance policy?
• Who would you like to be your executor?
• How many properties do you have, and what are their value?
• Clearly identify your beneficiaries (if you know multiple people by the same name, it should be clear who you’re referring to)

Don’t worry if not everything comes to mind during this conversation. Your will includes a residuary clause which acts as a catch-all for any assets you haven’t named specifically in the will.

What happens with a will after death?

Your executor will need to locate the physical will, so make sure they know where it is kept and are updated if you move it at any point. They will then carry out the wishes of your will, sometimes with the help of your solicitor.

Who is entitled to see a will?

After you die, your executor is the only person other than your solicitor who is entitled to see your will. They won’t need to have read it before your death. The beneficiaries only need to be told about the section(s) relevant to them.

Once the will is issued to probate it will be a public document and anyone can order a copy from the probate office.

A lot of life is uncertain, but your loved ones’ life after your death doesn’t have to be. Taking the short amount of time now to create your will is an easy step toward peace of mind for you and your family.