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Obtaining legal advice

In order to protect yourself from undue influence or pressure to create a new Will or amend an existing one, it is recommended that you seek independent legal advice. Most importantly, never use the services of a solicitor who is also representing the interests of any potential beneficiary of your Will.

Making a Will is a relatively simple matter and should not cost much. It may cost approximately €100-200, however the cost depends on how complex your affairs are. If you are using a solicitor make sure you get an outline of the costs at the outset. All solicitors in Ireland are required by law to advise their clients, in writing, of the fees they charge for their services. This is known as a ‘Section 68 Letter’ and it is required under the Solicitors (Amendment’) Act, 1994.

A Will does not have to be a complex legal document, but it must be drafted correctly to make sure it is legally valid and enforceable. It is advisable that you get independent legal advice to ensure that you follow the correct procedures and that your Will is legally valid. It is particularly recommended that you seek the independent advice of a solicitor under the following circumstances:

  • You share a property with somebody who isn’t your spouse or civil partner
  • You want to leave money/property or provision to a dependant who can’t care for themselves or manage their own affairs
  • You have several family members who may make a claim on your estate, for example a previous spouse or children from a previous marriage
  • Your permanent home isn’t in Ireland
  • You are resident in Ireland but have property in another country
  • You own your own business
University College Dublin (UCD)National Centre for the Protection of Older People (NCPOP)Health Services Executive (HSE)Older People's Empowerment Network (OPEN)
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