DIY Wills in Ireland: They are not worth the risk

3 minute read

When a loved one passes away, the last thing we need is a probate dispute and the stress that comes with one.

Probate disputes are not uncommon and one easily avoidable cause of such disputes stem from DIY wills. A DIY (do it yourself) will is a will that was created without professional legal assistance. They are often created using free to cheap online templates and kits.

Unfortunately, they are frequently filled with mistakes, resulting in costly disputes and complications which can lead to a breakdown of relationships between the beneficiaries.

What is a probate dispute?

A probate dispute may occur when conflicts arise over the management of a deceased person’s estate. Such disputes can cover a range of issues, including challenges to the validity of the will, interpretation of its provisions, asset distribution, the conduct of the executor or the entitlements of beneficiaries.

Although alternative dispute resolution (ADR) is desirable, resolving probate disputes often necessitates court proceedings to ensure the deceased’s wishes are respected and the estate is administered in accordance with Irish law.

The many risks of attempting to write your own will in Ireland

Providers of will templates do not guarantee proper execution, and they are almost certainly never going to admit liability should something go wrong.

The following list outlines some risks that may come with a DIY will:

The will may not comply with the laws of Ireland, rendering it invalid.
Errors in witnessing or signing may invalidate the will.
Poorly worded clauses can lead to confusion and disputes over the testator’s intentions.
Important assets or intended recipients may be overlooked.
Overlaps or contradictions with trusts, joint ownership or previous wills can cause complications.
Mistakes in planning for inheritance tax or other liabilities can result in unnecessary costs.
Failure to consider individuals who may have a right to claim under inheritance laws can lead to legal challenges.
Lack of clarity about the executor’s role and responsibilities can lead to delays or disputes.
Attempting to bequeath items or assets that cannot legally be included in the will, such as joint property.

For individuals with complex family dynamics or intricate financial arrangements, such as overseas investments, international properties or dependents relying on financial support, drafting a DIY will is particularly risky.

Always have your will drafted by a professional

Planning for what happens to your finances, property and possessions when you pass away and ensuring the financial security of your family and dependents is very important, no matter how small or large your estate may be.

A properly drafted will can help avoid probate disputes and reduce the risk of successful challenges. Seeking professional advice when preparing a will can also lead to substantial inheritance tax savings, especially by making use of transferable allowances between spouses.

When used appropriately, trusts can safeguard assets and ensure effective provision for children. For disabled beneficiaries, a carefully drafted will helps prevent financial abuse and secures their assets and future.

Arrange an appointment with a qualified solicitor in Ireland who specialises in drafting wills

Our Wills, Probate & Estate Management team is dedicated to offering a compassionate, discreet and expert service. We specialise in estate planning and wealth preservation, providing asset protection solutions tailored to individuals and their families

If you wish to organise your affairs for when after you are gone, Contact Us to speak with an experienced wills, probate & estate management solicitor. Or, visit Wills & Probate to learn more about our services.