Divorce and Your Will in Ireland: Updating Your Will

Created: Jan 12, 2024 | Updated: Jan 12, 2024

Divorce is a hard situation that brings not only emotional and lifestyle changes but also makes it necessary for you to carefully consider your financial and legal affairs. This includes a critical examination of your estate plan, particularly your will. Join us as we go through the essential steps of revising your will during a divorce in Ireland, ensuring that your legacy reflects your desires and safeguards your assets.

Importance of Updating Your Will During a Divorce

A will, also known as a last will and testament, is a legal document that expresses your wishes regarding the distribution of your assets, the care of your dependents, and the appointment of an executor to manage your estate after you pass away. A lot of people overlook the need for a will and many more forget to update it after creating one. During a divorce, updating your last will and testament is probably the last thing on your mind, but it is still very important if you wish to have peace of mind regarding your assets and finances. An update will help to avoid losing your assets to your former spouse when you pass away. Here are key reasons why addressing a will is important during your divorce:

1. Making Changes in Beneficiaries:

During the process of ending your marriage, you may change your mind about what you wish to leave to your soon-to-be-ex-spouse. If your last will and testament designates your spouse as a beneficiary, you will want to update it to remove their entitlement or adjust the distribution of assets.

2. Updating the Guardianship of Your Children:

If you have children, your will most likely includes provisions for their care and guardianship. Because divorce may impact custody arrangements, updating your last will and testament allows you to appoint the most current and suitable guardian for your children.

3. Protection and Distribution of Assets:

Ending a marriage often involves the division of your marital assets. If your will specifies certain assets for particular beneficiaries, you will need to update it to align with the property settlement agreed upon during divorce proceedings. If you acquire new assets or enter into new relationships after initiating a divorce, it's important to update your will to reflect these changes. This ensures that your estate plan aligns with your current circumstances and intentions.

4. Executor Designation:

If your spouse was previously designated as the executor of your will, it is necessary to choose a new executor during the divorce who will be responsible for ensuring your wishes are carried out and can handle the administration of your estate.

5. Cancelling Joint Wills:

If you and your spouse created a joint will during your marriage, the joint will may need to be revoked or replaced with individual wills that reflect each person's independent wishes.

6. Avoiding Legal Challenges:

Failure to update your will during a divorce could lead to legal challenges. If your ex-spouse is still listed as a beneficiary or executor, it might create confusion or disputes among surviving family members. Keeping your will updated during divorce ensures that it complies with the legal requirements for divorce in Ireland.

How to Update Your Will in Ireland

There are two ways you can update your will in Ireland:

By writing a new will that will supersede your current will.
By making a Codicil to a Will.

Writing a New Will in Ireland

When contemplating a new will, start by thoroughly assessing your current financial and familial circumstances. Take inventory of your assets, and debts, and consider the individuals you want to include or exclude as beneficiaries. While it's possible to write your will without the assistance of a lawyer, it is always better to have legal professional help.

Lawyers understand legal documents properly, including wills and are familiar with the legal requirements of Ireland. They can provide personalized advice and solutions that help you tailor your will to your specific circumstances by addressing issues such as the settlements of your divorce in Ireland, splitting your assets, and your wishes. In addition, legal professionals have the experience to draft clear and precise language into your will, reducing the likelihood of misunderstandings, disputes, or legal challenges among your beneficiaries and because they understand the tax laws applicable to inheritance, they can help you structure your will to minimize the tax implications for your estate and beneficiaries.

Divorce and writing your will in Ireland

Making a Codicil to a Will

A codicil to a will is a legal document that is used to make amendments or additions to your existing will. It is a supplementary document that allows you to modify provisions of your will without having to create an entirely new one. Codicils must meet certain legal requirements to be valid, such as being in writing, signed by you, and witnessed by applicable laws.

Before the invention of computers, Codicils were more popular. Writing a new will meant you would have to do the whole thing by hand. Codicils were then introduced to make the process easier since all you had to do was rewrite the parts you needed to change. Since the introduction of the computer, codicils have become less popular since online tools can now be used to easily rewrite your will. However, you can still use codicils to make small updates to your will.

How do I Write a Codicil to a Will?

While it is possible to write your codicil yourself, it is advised you consult a legal professional because they will make sure that the changes to your last will and testament will be in line with Irish legal requirements, minimizing the risk of disputes and ensuring your intentions are accurately reflected. Here are some guidelines you should follow when writing your codicil:

Step 1: Confirm the Need for a Codicil

Generally, codicils are used for minor modifications, so before starting, ensure that the changes you want to make are suitable for a codicil. Such changes include:

Changing your executor.
Updating beneficiaries.
Updating your gifts assigned to a beneficiary.
Updating the guardian for your minor children.

Step 2: Identify the Will

Clearly state the name of the existing last will and testament that you are modifying with the codicil. Include the date of the original will to avoid any confusion.

Step 3: State that the document is a codicil to your current will.

Begin the codicil with a clear and concise introduction, stating that it is a codicil to your last will and testament. Include all the important identifying information such as:

Your full name and address.
The date.
A statement that you’re of sound mind, and not under any pressure.

Step 4: Specify the Changes you Want to Make

Clearly outline the areas you wish to make changes or additions you wish to make. Provide precise details without using vague language. Include the full legal names of individuals and offer detailed descriptions for each property, specifying Euro amounts and percentages.

Step 5: Include an overruling statement

Include a statement that your codicil overrules your original last will and testament and that anything in your will that is not affected by the codicil should remain valid.

Step 6: Witnesses

According to Irish law, a codicil to a will should be signed by the testator in the presence of two witnesses who must also sign the document in the presence of the testator. Have the codicil witnessed by two or more people who are not beneficiaries named in the will.

Step 7: Sign and Date

Include a section for your signature and the date. The codicil to a will must be signed and dated in the presence of your witnesses, as required by Irish laws.

Step 8: Keep it with the Will

Store the codicil with the original will in a safe and secure location. You may also consider informing your executor or a trusted individual about the existence and location of both documents.

The Importance of Translations for Your Last Will and Testament

If you or your beneficiaries speak different languages, a certified translation service can help make sure that your will is accessible and fully understood by all parties.

Some government agencies or financial institutions may require a certified translation of your will to process inheritance, transfer assets, or for tax purposes, especially if they operate in a different language.

In cases where the contents of your will are contested in a court in a different country, a certified translation might be needed for court proceedings.

Also, if you have assets in different countries or if your beneficiaries live in locations where Irish or English may not be the primary languages, a certified translation service can assist in translating the will into their languages. Having your will in different languages, all of which should be certified, ensures legal validity and that local authorities and individuals involved can comprehend the document accurately.

For accurate translations for your will, visit Translayte and get access to quick and affordable professional translation services that are in line with Irish laws.

FAQs

How Much Does it Cost to Update a Will in Ireland?

The average cost of writing a will in Ireland is about 150 to 300 Euros although the total cost depends on your circumstances and your properties.

Who Pays to Contest a Will in Ireland?

The costs associated with contesting a will are typically borne by the person contesting the will, known as the "contestant" or "plaintiff."

How Long After Death is a Will Read in Ireland?

In Ireland, there isn't a specific time frame prescribed by law for when a will must be read after a person's death. The timing of probate proceedings can vary based on several factors, including the complexity of the estate, the presence of disputes, and the efficiency of the probate process.

Who is Entitled to see a Copy of a Will in Ireland?

In Ireland, your Executor is the only one besides your lawyer or solicitor who is allowed to see a copy of your will after you pass away.

Is a Handwritten Will legal in Ireland?

The law states that there are no restrictions to the materials or language used to write a will in Ireland. It may be handwritten or typed, or be a combination of both.

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