Last Will and Testament - Template, Sample Form Pro · IE-law
✓ Valid in Ireland · drafted to comply with local law
Create your Last Will and Testament - Template, Sample Form for use in Ireland. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
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LAST WILL AND TESTAMENT OF ________
Made pursuant to the Succession Act 1965 (as amended)
§ 1. DECLARATION AND REVOCATION
1.1 I, ________, also known as ________, of ________, in the County of ________, Ireland, holder of Personal Public Service Number ________, being of full age and of sound mind, memory and understanding, declare this to be my Last Will and Testament (this "Will").
1.2 I HEREBY REVOKE all former Wills, codicils and other testamentary dispositions heretofore made by me, and I declare this to be my sole and only Will.
1.3 This Will shall be construed and take effect in accordance with the laws of Ireland and, in particular, the Succession Act 1965 (as amended).
§ 2. MARITAL AND CIVIL STATUS
2.1 At the date of execution of this Will I am ________. I am not a party to any subsisting marriage or civil partnership, save as stated above.
2.2 I acknowledge the legal right of any spouse or civil partner under section 111 (and, where applicable, section 111A) of the Succession Act 1965 to a share in my estate, and I make the dispositions in this Will subject to such legal right share (if any).
§ 3. FAMILY AND DEPENDANTS
3.1 I have one living child, namely ________, born on ________.
3.2 I have considered the moral obligation imposed upon me by section 117 of the Succession Act 1965 to make proper provision for my child in accordance with my means, and I confirm that the provisions of this Will reflect that obligation.
3.3 Save as expressly provided in this Will, I have made no other provision for any person, and I have deliberately excluded any person not named herein.
§ 4. APPOINTMENT OF EXECUTOR AND TRUSTEE
4.1 I APPOINT ________ of ________ to be the sole Executor and Trustee of this my Will (the "Executor").
4.2 If the said Executor shall predecease me, or shall be unable or unwilling to act or to continue to act, I APPOINT ________ of ________ to be the Executor and Trustee of this my Will in their place.
4.3 The expression "my Executor" wherever used in this Will shall include the executor or executors and trustee or trustees for the time being hereof, whether original or substituted, and where the context admits, the personal representatives of the same.
§ 5. POWERS AND DUTIES OF MY EXECUTOR
In addition to all powers conferred by law (including those conferred by the Succession Act 1965, the Trustee Act 1893, the Land and Conveyancing Law Reform Act 2009 and the Trustee (Authorised Investments) Act 1958), I confer upon my Executor the following powers and duties in the administration of my estate:
5.1 To prove and register this Will in the Probate Office or in the appropriate District Probate Registry, and to extract a Grant of Probate, and to attend to all legal, financial and taxation affairs of my estate.
5.2 To collect, get in and realise all my assets, including all monies, securities, shares and real and personal property, for the purpose of ascertaining and appraising the value of my estate at the date of my death.
5.3 To hold, protect and insure all assets of my estate, and to maintain in force insurance cover in respect of valuable assets until such assets are duly distributed or disposed of.
5.4 To take possession of and hold all personal property until the same can properly be transferred, distributed or disposed of.
5.5 To call in and recover any monies owing to me by any debtor.
5.6 To pay all my lawful debts, funeral and testamentary expenses, and all taxes, including Capital Acquisitions Tax and any Capital Gains Tax, properly arising in the administration and distribution of my estate.
5.7 To make all funeral and burial or cremation arrangements, having regard to the wishes expressed in this Will and to the wishes of my family.
5.8 To sell, dispose of or convert into money any asset of my estate as may be necessary to discharge my debts, save that where a debt is secured upon any property the property shall, where practicable, pass to the beneficiary subject to such security.
5.9 To notify the Department of Social Protection of my death where I am in receipt of any social welfare payment at the date of my death.
5.10 Where my estate is insufficient to meet all liabilities, to discharge my debts in the order of priority prescribed by law, and in particular in the following order:
(a) funeral, testamentary and administration expenses;
(b) creditors holding security over the assets of my estate;
(c) preferential debts, including all taxes and statutory contributions due; and
(d) all other creditors.
5.11 To prepare and deliver to the Revenue Commissioners the Statement of Affairs (Probate) Form SA.2 (or such other return as may be required), disclosing all assets and liabilities of my estate.
5.12 To employ and remunerate out of my estate any solicitor, accountant, auctioneer, valuer or other professional agent to assist in the administration of my estate.
5.13 To prepare administration accounts recording all monies received and all distributions made to creditors and beneficiaries during the administration of my estate.
5.14 To appropriate any part of my estate in or towards satisfaction of any legacy or share in my estate in accordance with section 55 of the Succession Act 1965, without the consent otherwise required by that section.
§ 6. FUNERAL ARRANGEMENTS
6.1 It is my wish that my remains be dealt with as follows: ________.
6.2 I nominate the following funeral or mortuary service to deal with my remains: ________.
6.3 It is my wish that my remains be interred or cremated at ________.
6.4 I declare that the foregoing wishes are expressions of my preference only and shall not be binding upon my Executor.
§ 7. DISPOSITION OF MY ESTATE
7.1 All property bequeathed or devised under this Will is given subject to any charge, lien, mortgage or other encumbrance affecting the property at the date of my death.
Specific Bequests and Devises
7.2 I GIVE AND BEQUEATH to the charity ________ (Registered Charity Number ________) the following:
________
and I declare that the receipt of the treasurer or other proper officer for the time being of the said charity shall be a sufficient discharge to my Executor.
7.3 I GIVE AND DEVISE my entire interest in my dwelling house and premises situate at:
________
to my child, ________, for their own absolute use and benefit.
7.4 I GIVE AND BEQUEATH to my child, ________, for their absolute and exclusive use, ownership and possession, the following:
________
7.5 I GIVE AND BEQUEATH to ________, born on ________, of ________, for their absolute and exclusive use, ownership and possession, the following:
________
Survivorship
7.6 No beneficiary shall take any benefit under this Will unless such beneficiary survives me by a period of thirty (30) clear days, and any gift to a beneficiary who fails to so survive me shall fall into and form part of my residuary estate.
Residuary Estate
7.7 I GIVE, DEVISE AND BEQUEATH all the rest, residue and remainder of my estate, both real and personal, of whatsoever nature and wheresoever situate, and over which I have any power of disposition or appointment, after payment of all my debts, funeral, testamentary and administration expenses and all taxes payable in respect of my estate, to my child, ________, for their own absolute use and benefit.
7.8 In the event that the said residuary beneficiary fails to survive me by thirty (30) clear days, I GIVE, DEVISE AND BEQUEATH my residuary estate to ________ of ________, for their own absolute use and benefit.
§ 8. GENERAL PROVISIONS
8.1 If any provision of this Will is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
8.2 The headings in this Will are for convenience only and shall not affect its construction.
8.3 In this Will, words importing the singular include the plural and vice versa, and words importing one gender include all genders.
§ 9. ATTESTATION AND DECLARATION OF TESTATOR
9.2 IN WITNESS WHEREOF I have hereunto set my hand to this my Last Will and Testament on the ________, in the joint presence of the two witnesses named below, all of us being present at the same time.
SIGNED by the above-named Testator as and for their Last Will and Testament:
_______________________
________
Testator
§ 10. ATTESTATION BY WITNESSES
10.2 We each confirm that, at the time of attestation, we are of the age of majority and in full possession of our mental faculties, and that, to the best of our knowledge and judgement, the Testator is of the age of majority, of sound mind, memory and understanding, and is not acting under any undue influence.
10.3 We each confirm that we are not a beneficiary under this Will, nor the spouse or civil partner of any beneficiary, and accordingly that the attestation does not render void any gift under section 82 of the Succession Act 1965.
Witness 1:
____________________
Signature
Name: ________
Occupation: ________
Address: ________
Date: ________
Witness 2:
____________________
Signature
Name: ________
Occupation: ________
Address: ________
Date: ________
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