Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains the basics of Will and Testament law that apply to people living in Kilkenny, County Kilkenny, Ireland. Will law in Ireland is governed by national legislation and case law, so the core legal rules are the same across the country. Local solicitors in Kilkenny can advise on how those national rules apply to your personal circumstances and can prepare, store and lodge documents on your behalf. A valid will sets out how you want your property and affairs dealt with after you die, and it can appoint guardians for minor children, name executors to manage your estate, and create trusts where needed.
Many people can prepare a simple will without a lawyer, but there are common situations where professional legal help is advisable or necessary:
- Complex family situations - blended families, previous marriages, dependent children from different relationships, or adoption matters.
- Significant or unusual assets - business interests, farmland, foreign property, or assets held in multiple jurisdictions.
- Tax planning - to structure gifts, trusts or timing to reduce Capital Acquisitions Tax liabilities and to meet Revenue obligations.
- Executors and probate - when executors need help applying for a grant of probate or administration, preparing estate accounts, paying debts and tax, or navigating disputes.
- Family provision or contested estates - if someone might bring a claim against the estate under family provision rules, or if you anticipate disputes.
- Guardianship and trusts for minors or vulnerable beneficiaries - drafting protective provisions and trust arrangements for children, people with disabilities, or those who need managed funds.
Key legal points relevant to Wills and succession in Kilkenny mirror those across Ireland:
- Formal validity - A will must be in writing, signed by the testator, and witnessed by two competent witnesses who sign in the testator's presence. The testator should be 18 or older and have testamentary capacity.
- Executors and grants - If a will names an executor, that person can apply for a Grant of Probate from the Probate Office to administer the estate. If there is no valid will, an application for a Grant of Administration is made by a person entitled to administer the estate.
- Intestacy rules - Dying without a valid will means the estate is distributed under the statutory rules of intestacy. These rules determine which relatives inherit and in what shares. Intestacy can produce outcomes you may not expect, especially for co-habiting partners.
- Family provision claims - Certain dependents, including spouses, children and in some cases other close relatives, can apply to the court for provision out of an estate if the will or intestacy does not make adequate provision for them. These claims are assessed by the courts against statutory criteria.
- Tax - Inheritances are subject to Capital Acquisitions Tax. Transfers between spouses and civil partners are generally exempt. Tax thresholds and exemptions vary with the relationship between the deceased and the recipient, so tax planning or advice can be important.
- Marriage and divorce - Major life changes commonly affect wills. In many cases marriage will revoke an earlier will unless the will was made in contemplation of that marriage. Divorce or judicial separation can affect gifts to a former spouse. It is important to review and update your will after such events.
A valid will must be in writing, signed by the person making the will in the presence of two witnesses, and those witnesses must also sign in the presence of the testator. The testator must have the capacity to understand the nature and effect of the document and be acting free from undue influence. The testator should be 18 or over unless exceptions apply.
No. You can write your own will, but using a solicitor reduces the risk of mistakes that might invalidate the will or lead to disputes. A solicitor can also advise on tax, trusts, and complex family situations and can store the original will securely.
An executor is the person you appoint to carry out your wishes and administer your estate. Executors gather assets, pay debts and taxes, apply for a grant of probate or administration, and distribute the estate according to the will. Executors should be trustworthy, reasonably available, and able to handle administrative tasks or engage professional help.
If you die intestate, your estate is distributed under statutory rules that prioritise spouses, children and other relatives. Co-habiting partners have limited automatic inheritance rights compared with married spouses. Intestacy may not reflect your wishes, so making a will is the best way to control distribution.
You can attempt to leave someone out of your will, but certain people who were financially dependent on you can apply to the courts for provision out of your estate. These family provision claims are considered on a case-by-case basis and the court can alter the distribution to provide for dependents if it finds the provision was inadequate.
You can leave money or property for minor children or vulnerable adults by creating trusts in your will or by appointing trustees to manage assets until a child reaches a certain age. You can also appoint guardians for minor children. Specialist drafting is important to ensure funds are managed appropriately.
Keep the original will in a safe place and tell your executor where it is kept. Many people store wills in solicitor safe custody, a bank safe deposit, or with a trusted person. Ensure the executor knows how to access the original document after your death. Some solicitors offer will registration or safe custody services.
Inheritance tax in Ireland is called Capital Acquisitions Tax. Transfers between spouses or civil partners are generally exempt. Other recipients may be entitled to tax-free thresholds depending on their relationship to the deceased, with anything above those thresholds subject to CAT at the applicable rate. Tax rules change, so get up-to-date advice when planning.
Yes. Small changes can be made using a codicil, which must meet the same formal requirements as a will. For more substantial changes you should revoke the existing will and make a new one. Always ensure amendments are correctly executed to avoid invalidation.
Co-habiting partners do not have the same automatic inheritance rights as married spouses. If you want to provide for a co-habiting partner you should make a will explicitly naming them as a beneficiary. Co-habiting partners may also have limited rights to apply for provision from an estate in certain circumstances, but relying on that can be uncertain.
These organisations and bodies can provide authoritative information and assistance:
- Citizens Information - for plain-language explanations of wills, probate and inheritance rights.
- Revenue Commissioners - for guidance on Capital Acquisitions Tax, reliefs and filing requirements.
- Courts Service of Ireland and the Probate Office - for forms, filing procedures and information about grants of probate and administration.
- Law Society of Ireland - to find and verify solicitors in Kilkenny or elsewhere.
- Local Citizens Information Centre in Kilkenny - for local appointments and information sessions.
- Irish Hospice Foundation and other charities - for practical and end-of-life planning resources and checklists.
If you need legal assistance with a will or estate matter in Kilkenny, follow these steps:
- Gather key documents - asset lists, property deeds, bank and investment statements, pension details, mortgage information, relevant business documents, and any previous wills.
- Identify your wishes - decide on beneficiaries, gifts, executors, guardians for children, and whether any trusts are needed for minors or vulnerable beneficiaries.
- Seek legal advice - book a meeting with a solicitor experienced in wills and probate. Bring your documents and a clear list of questions. If cost is a concern, ask about fees and if an initial fixed-fee appointment is available.
- Draft and execute the will properly - ensure the will is signed and witnessed correctly to avoid later challenges and make copies for your executor and solicitor.
- Review and update - review your will after major life events such as marriage, divorce, births, deaths in the family, substantial changes to assets, or a move abroad.
- Store the original will securely and tell your executor where it is kept. Consider safe custody with your solicitor or another secure option.
If you are unsure about any step, contact a solicitor in Kilkenny who specialises in wills and probate to get tailored, up-to-date legal advice for your circumstances.
