Ireland Will & Estate Planning Guide

Estate Planning in Ireland at a Glance

Ireland follows common law with forced heirship for spouses only. The Succession Act 1965 gives surviving spouses strong rights to a 'legal right share' that cannot be defeated by will. Children have no automatic inheritance rights but can apply to court if not properly provided for. Capital Acquisitions Tax (CAT) at 33% applies above thresholds.

• Spouse has legal right share (1/2 if no children, 1/3 with children)
• Children can challenge if not properly provided for
• Capital Acquisitions Tax at flat 33%
• Generous threshold for children (€335,000)
• 2 witnesses required, cannot benefit from will
• Section 117 allows children to challenge will
• Dwelling house relief can reduce CAT

Will Requirements in Ireland

Creating a will in Ireland typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Inheritance Tax in Ireland

Retirement Savings and Nominations

Whether a will reaches a pension depends on the type of pension. A lump sum paid on death in service is usually at the discretion of the scheme trustees, guided by the member's expression of wishes, and generally sits outside the estate. An Approved Retirement Fund (ARF) usually forms part of the estate and passes under the will. The tax on each depends on who inherits, so expression-of-wishes forms are worth keeping up to date alongside the will.

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