Best Will & Testament Lawyers in Carrigaline

About Will & Testament Law in Carrigaline, Ireland

Making a will is the clearest way to set out what should happen to your property, money, and personal items after you die. People living in Carrigaline are governed by Irish law, primarily the Succession Act 1965, which sets the rules for valid wills, inheritance rights, and probate. A properly made will allows you to choose your executors, provide for your spouse or civil partner, children, other dependants, and charities, and name guardians for minor children. If you die without a will, the law of intestacy decides who inherits, which may not reflect your wishes.

After a death, the estate is usually administered through the Probate Office system. For Carrigaline and the wider County Cork area, applications are commonly processed through the Probate Office and the District Probate Registry serving Cork. A solicitor can make the process smoother, but some people apply personally. The steps and requirements are the same across Ireland, with local practicalities in Cork such as lodging papers and timelines.

Why You May Need a Lawyer

Many people can benefit from legal advice when planning or administering an estate. A solicitor can help you write a will that is valid, tax aware, and clear, reducing the risk of disputes. Legal help is especially useful where any of the following applies:

You own a home or other significant assets, have a business, farming assets, or investment property, or hold assets abroad. You are in a second relationship, have children from previous relationships, or wish to provide for a cohabitant or a vulnerable family member. You want to set up a trust, such as a special needs trust or a discretionary trust. You wish to leave charitable gifts, or you want to balance fairness among children, stepchildren, and dependants. You are separated or divorced, have a civil partnership, or are recently married, since these events can change inheritance rights. You want to ensure guardianship and financial arrangements for minor children. You are concerned about inheritance tax and reliefs, and how best to structure bequests. You need help with probate, including valuing assets, filing the Revenue probate return, dealing with banks and pension providers, and transferring or selling property. You are facing a potential dispute, for example a child considering a Section 117 application alleging lack of proper provision, or disagreements among executors or beneficiaries.

Local Laws Overview

Validity of a will - In Ireland, a will must be in writing, signed by the person making it, and witnessed by two people who are present at the same time. The witnesses cannot be beneficiaries, and a gift to a witness or the spouse or civil partner of a witness will fail. The person making the will must have capacity and understand the effect of the will. Remote or video witnessing is not permitted.

Minimum age and capacity - You must be 18 or married to make a will, and you must have the mental capacity to understand the nature and effect of the document at the time of signing.

Marriage and civil partnership - Marriage generally revokes an existing will unless the will was made in contemplation of that marriage. Similar rules apply for civil partnership. Divorce or dissolution can remove spousal rights, but you should still review and update your will.

Spousal and civil partner rights - A surviving spouse or civil partner is entitled to a legal right share from the estate, regardless of what a will says. If there are children, the legal right share is one third of the estate. If there are no children, the legal right share is one half.

Children and dependants - Children do not have a fixed legal share but can apply to court under Section 117 of the Succession Act 1965 if they believe the deceased failed in their moral duty to make proper provision. Qualified cohabitants may apply to court for provision from the estate under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, usually within strict time limits after a grant is issued.

Intestacy - If you die without a valid will, the Succession Act 1965 sets the distribution. A spouse or civil partner takes the entire estate if there are no children. If there is a spouse or civil partner and children, the spouse or civil partner takes two thirds and the children share one third. If there is no spouse or civil partner, children share equally. If there are no spouse or civil partner or children, parents, siblings, or more distant relatives may inherit in a set order.

Joint property - Property owned as joint tenants usually passes by survivorship outside the will. Property owned as tenants in common passes under the will or intestacy.

Executors, guardians, and trustees - You appoint executors to carry out your wishes, guardians for minor children, and trustees to manage assets on trust, for example until children reach a chosen age. Executors can also be beneficiaries. It is common to appoint two executors.

Revoking or changing a will - A will can be revoked by making a new will that revokes previous wills, by marriage, or by deliberate destruction with intent to revoke. Changes should be made by a new will or a properly executed codicil. Handwritten alterations on the original will can cause problems.

Probate process - The executor usually applies for a Grant of Probate. If there is no will, a family member applies for a Grant of Letters of Administration. Before a grant issues, a Revenue Statement of Affairs for probate purposes must be filed. Financial institutions and the Property Registration Authority typically require a grant before they will release funds or transfer property.

Tax overview - Inheritances may be subject to Capital Acquisitions Tax. There are tax-free thresholds that depend on the relationship to the deceased, and a standard CAT rate applies over those thresholds. There are reliefs and exemptions such as the spousal exemption, the dwelling house exemption in qualifying cases, and agricultural or business relief for qualifying assets. Thresholds and rates change periodically, so up-to-date advice is essential.

Foreign assets - If you own assets outside Ireland, separate local procedures or a second grant may be required. Ireland did not opt into the EU Succession Regulation, so careful planning is needed for multi-jurisdiction estates.

Frequently Asked Questions

What makes a will valid in Ireland?

The will must be in writing, signed by you at the end, and signed by two witnesses who are present at the same time as you sign or acknowledge your signature. Witnesses should be independent adults and must not be beneficiaries or the spouse or civil partner of a beneficiary. You must have capacity and understand the effect of the will.

Can I write my own will without a solicitor?

Yes, but errors are common and can make the will invalid or unclear. Issues often arise with witnessing, inconsistent clauses, and tax. Using a solicitor in Carrigaline or Cork gives you a clear, valid document that reflects Irish law and reduces the risk of disputes.

Do spouses or civil partners have automatic inheritance rights?

Yes. A spouse or civil partner has a legal right share of the estate, even if your will says otherwise. One half if there are no children, and one third if there are children. These rights apply to net estate after debts and certain expenses.

What happens if I die without a will?

The law of intestacy applies. In general, a spouse or civil partner inherits all or two thirds depending on whether there are children, and children share the balance. If there is no spouse or civil partner, children inherit. If there are no children, other relatives inherit in a set order.

Who should I choose as executor?

Someone trustworthy, organised, and willing to act. Many people choose a spouse or civil partner and one adult child, or a close friend and a professional. Executors can also be beneficiaries. Consider naming alternates in case your first choice cannot act.

Can I provide for a cohabiting partner or stepchildren?

Yes, but you must do so expressly as they do not have the same automatic rights as spouses or civil partners or biological or adopted children. A cohabitant may apply to court for provision within strict time limits, so clear will planning is important.

How do I provide for a child with special needs?

Many families use a discretionary trust or a special needs trust so that funds are managed by trustees for the child without affecting means-tested benefits. Trusts have legal and tax implications, including possible discretionary trust tax charges, so tailored advice is important.

Do I need probate for a small estate?

It depends on the assets. Banks may release modest balances without a grant, subject to their policies. Property in the Land Registry or major shareholdings usually require a grant. A solicitor can tell you whether a grant is needed in your situation.

How long does probate take in Cork?

Simple estates often complete several months after all papers are ready and the Revenue probate return is filed. Timeframes vary with complexity, property sales, missing documents, tax queries, and Probate Office workload.

Should I update my will after life events?

Yes. Review your will after marriage, civil partnership, separation, divorce, the birth or adoption of a child, buying or selling property, starting or selling a business, moving abroad, or if your chosen executors or guardians can no longer act. Marriage can revoke an existing will unless it was made in contemplation of that marriage.

Additional Resources

Courts Service of Ireland - Probate Office and the District Probate Registry serving Cork for grants of probate and administration.

Revenue Commissioners - Information on Capital Acquisitions Tax, thresholds, exemptions, and the probate Statement of Affairs process.

Citizens Information - Plain language guidance on wills, probate, and inheritance rights in Ireland.

Law Society of Ireland - Find a Solicitor service to identify solicitors in Carrigaline and County Cork who practice in wills, probate, and estate planning.

Charities Regulator - Details for verifying registered charities when making charitable bequests.

Decision Support Service - Information on capacity matters and advance healthcare directives, which can complement your will in overall planning.

Next Steps

List your assets and debts, including property, bank accounts, pensions, life policies, business interests, digital assets, and any foreign property. Decide who should benefit, in what shares, and at what ages. Consider specific gifts and any charitable donations. Think about guardians for minor children and who you trust as executors and trustees.

Arrange a consultation with a solicitor who handles wills and probate in Carrigaline or the wider Cork area. Bring identification, your asset list, and any existing wills. Discuss inheritance tax exposure, reliefs, and whether any trusts are suitable. Ask about joint ownership, beneficiary designations on pensions and life policies, and how these interact with your will.

Have your will drafted and properly executed with two independent witnesses in one sitting. Store the original safely, for example with your solicitor, and tell your executors where it is kept. Keep a copy with a note of the original’s location. Review the will every few years and after major life events.

If you are dealing with a deceased person’s estate, gather death certificates, the original will, and asset information. A solicitor can prepare the probate papers, file the Revenue probate return, and manage the grant application through the Probate Office or the District Probate Registry serving Cork. They can also handle asset sales, debt settlement, and final distributions in line with Irish law.

Early advice prevents mistakes, saves time and cost, and reduces the risk of family disputes. If in doubt, speak to a local solicitor before signing anything.