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‘Never too early’ to make a will – President

The Law Society has highlighted the importance of making a will and is encouraging members of the public to plan ahead in 2025. 

President of the Law Society Eamon Harrington said: “Many people might be tempted to put off making a will for another day in the future, but life is unpredictable and it’s never too early to plan ahead.  

“The start of the new year is the perfect opportunity to take the time to make a will and to let your loved ones know how you would like your possessions to be distributed when you die, providing peace of mind.”  

What is a will? 

“A will is a legal document that outlines how a person’s property, money, and other assets (also known as an estate) should be distributed after their death.  

“This usually involves leaving your assets to family, friends, or a charity that is important to you. By making a will, you can ensure that your estate is handled according to your wishes,” the president explained.  

Steps to making a will 

“Making a will might seem like a daunting task, but it is one of the most positive life tasks you can tick off your list,” the president continued. 

He added that community-based solicitors could guide people through the process and answer any questions. 

“A will can only be valid if it is made in writing (by you or your solicitor), you are over 18 and you must be able to understand and decide what you are doing (this can be referred to as having legal capacity). The will must also be signed by the person making the will in the presence of two witnesses,” said Harrington. 

For those who do not have a solicitor, there is a ‘Find a Solicitor’ tool on the Law Society’s website. 

The president highlighted the importance of keeping a will up to date, adding that a will made 20 years ago might not reflect your life today. 

What happens if I don’t make a will? 

“If a person dies without making a will, they will have died ‘intestate’. When this occurs, there are laws that set out how the estate will be divided, and this means that your estate may not always go to the people you would have chosen,” the president stated.

“Where there is no will, your spouse or civil partner is entitled to either all or two-thirds of your estate, depending on whether you have children or not. The remaining one-third is divided between your children,” he explained. 

“If you have no spouse, civil partner or children, your estate will be divided among your living relatives according to a set formula. Cohabiting couples or those in long-term relationships without legal status may receive nothing. These are important personal considerations to discuss with your solicitor to avoid future distress or uncertainty,” he added. 

Talk to your local solicitor 

“Every adult should have a will. If you haven’t already, the best time to make a will is now,” said Harrington. 

“We strongly encourage members of the public to make a will or to review their will to make sure it is up to date going into 2025.  

“For trusted advice and support, talk to a solicitor in your local community today,” he urged. 

Learn more about making a will in the free online Law Society Legal Guides.