Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide provides clear, practical information about making and administering wills in Gorey, County Wexford, within the Irish legal system. Wills and testamentary matters in Ireland are governed primarily by the Succession Act 1965 and related common law rules. If you live in Gorey and want your estate to pass to particular people or organisations after you die, a properly executed will is the main way to ensure your wishes are followed. This page explains the basics and points you toward local resources and next steps.
Using a solicitor can make the process of creating a will, dealing with an estate, or responding to a claim much simpler and safer. Common situations where people should consider legal help include:
- Drafting a will when your family or financial situation is complex - for example if you have children from more than one relationship, significant business assets, or foreign assets.
- Making sure your will is valid and correctly executed to avoid disputes after your death.
- Applying for a grant of probate or letters of administration when someone dies and there is an estate to administer.
- Responding to a challenge to a will - for example a legal rights claim by a spouse or child, or a claim that the testator lacked capacity or was unduly influenced.
- Planning to minimise tax exposure and to use available reliefs correctly - for example the dwelling house exemption and other reliefs that can affect Capital Acquisitions Tax.
- Managing cross-border or multi-jurisdictional estates where assets are located outside Ireland.
Key legal matters to bear in mind for wills and succession in Gorey and across Ireland:
- Formal requirements for a valid will: A will must be in writing, signed by the testator, and witnessed by two independent witnesses who also sign the document. Witnesses should not be beneficiaries named in the will, or spouses of beneficiaries.
- Testamentary capacity and intention: The person making the will must have the mental capacity to understand the nature and effect of the will and must make it voluntarily, without undue influence.
- Succession Act 1965: This Act sets out rules for intestacy - what happens if someone dies without a valid will - and provides statutory protections for certain family members, including spouses and children, who can make legal rights claims against an estate if not adequately provided for.
- Probate and administration: Executors named in a will usually apply for a grant of probate to collect and distribute assets. Where there is no will, an administrator applies for letters of administration. Probate matters are handled through the Irish courts system and the Probate Office.
- Tax considerations: Inheritances can be subject to Capital Acquisitions Tax. There are thresholds and exemptions that may apply, and professional advice is often needed to ensure compliance and to make use of reliefs.
- Marriage, civil partnership, separation and divorce: Changes in marital status can affect wills. In some circumstances marriage can revoke an existing will unless it was made in contemplation of that marriage. Divorce or judicial separation may also affect entitlements and should prompt a will review.
To make a valid will you must be of legal capacity and the will must be in writing, signed by you, and witnessed by two independent witnesses who sign in your presence. Using a solicitor helps ensure the will is clear, lawful and expresses your intentions correctly.
If you die intestate, the Succession Act 1965 sets out who inherits under fixed rules. Close family members such as a spouse, civil partner, children or other blood relatives may be entitled to parts of the estate. The estate will be administered by an appointed administrator according to those rules rather than according to your personal wishes.
An executor is the person you name in your will to administer your estate. Their duties include applying for a grant of probate, collecting assets, paying debts and taxes, and distributing the estate to beneficiaries according to the will. Executors can be family members, friends or professional solicitors. They must act in the best interests of the estate and beneficiaries and can be held accountable for breaches of duty.
Yes. Under Irish law certain family members have statutory rights to claim against an estate if they feel they have not been adequately provided for. These are commonly referred to as legal rights claims. Timescales and grounds are specific and a solicitor can advise on the strength and procedure for any challenge or defence.
It is not mandatory to use a solicitor, but many executors use local solicitors to prepare probate paperwork, advise on tax matters and ensure a smooth administration. Probate applications generally require careful documentation and legal knowledge, so a solicitor can reduce the risk of errors and delays.
Timescales vary. Simple estates can be dealt with in a few months, but more complex estates - for example those with tax issues, disputes or foreign assets - can take much longer. Delays can also arise from incomplete documentation or challenges by beneficiaries.
Unmarried cohabitants do not automatically inherit under intestacy rules. If you want to leave assets to an unmarried partner you should include them expressly in your will. There are limited legal remedies for cohabitants in certain situations, but these are not equivalent to the rights of a spouse or civil partner.
Gifts and inheritances in Ireland may be subject to Capital Acquisitions Tax. There are thresholds, exemptions and reliefs that may reduce tax liability, and tax planning is often part of estate planning. You or your executor should check Revenue requirements and consider professional advice to handle tax returns and payments.
Store the original signed will in a safe but accessible place - for example with your solicitor, a bank safe deposit, or a secure home storage where a trusted person knows how to access it. Review and update your will after major life events - marriage, divorce, birth of children, significant changes in assets or living abroad. A solicitor can help create codicils or a new will as needed.
Yes, but cross-border estates can be complex. A will made in Ireland can govern Irish-situs assets, and you may need separate wills or careful drafting to deal with foreign assets to avoid conflicts of law and unintended tax consequences. Seek specialist cross-border succession advice if you have assets outside Ireland.
For practical assistance and authoritative information relevant to people in Gorey consider these types of organisations and bodies local to Ireland:
- Citizens Information - general information on wills, probate and family law rights.
- Revenue Commissioners - guidance on Capital Acquisitions Tax and filing requirements for inheritances.
- Courts Service - information on probate procedures and the Probate Office.
- Law Society of Ireland - directory to find regulated solicitors and guidance on legal fees and conduct.
- Legal Aid Board - for those who meet eligibility criteria for state-assisted legal services.
- Local solicitors and law firms in Gorey and County Wexford - to obtain face-to-face advice and representation.
- Local Citizens Information Centre in Gorey or County Wexford public services for community support and signposting.
If you need legal assistance with a will or estate in Gorey - consider these practical next steps:
- Make an initial list of your assets and liabilities, including property, bank accounts, pensions, investments and any debts.
- Decide who you want to appoint as your executor and who will be beneficiaries. Think about guardians for minor children if applicable.
- Contact a solicitor with experience in wills and probate in County Wexford or nearby. Ask about their experience with succession law and typical fees.
- Arrange an appointment to prepare a clear, legally valid will. If you already have a will, arrange a review if your circumstances have changed.
- Keep the original will in a safe place and tell your executor or a trusted person where it is kept. Consider providing copies to your solicitor or family members as appropriate.
- If a relative has recently died and there are estate administration issues, contact a solicitor promptly to discuss probate, potential claims and tax obligations.
Remember - this guide provides general information and is not a substitute for legal advice. For advice specific to your circumstances, contact a qualified solicitor in Gorey or the surrounding area.
