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Make your will online

Make your will onlineMicheál O'Dowd2020-04-06T20:53:59+01:00

Step 1 of 11 - Begin

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  • Welcome to the O'Dowd Solicitors Online Will facility

  • We originally created this tool in response to the Covid-19 (Coronavirus) pandemic in 2020. The original purpose of the tool was to allow people give us detailed will instructions while still respecting social distancing. What we learned since 2020 is most people like to spend as little time as possible at Solicitor appointments. This tool helps in this manner, and is just as useful "post Covid"

    We have not automated the wills drafting process. A will is far too important for that. Once you have given us your instructions one of our experienced solicitors will draft a will for you in the usual time honoured manner. We will then meet you and arrange for the will to be executed (we can also do all this remotely, but are not keen on the practice unless there is a compelling reason).

    The first step in the process of making a will is for us, the Solicitors to gather information about you, and then your wishes. The more relevant information you give us the better. We would like your consent to do this before progressing any further. We will not release any information you give us except with your express consent.
    This will instruction form will take a considerable period of time to fill out correctly, and we would suggest leaving yourself at least 30 minutes. You may save it at anytime and resume the process when convenient to you.
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  • About You

  • DD slash MM slash YYYY

  • For instance, do you have a holiday home in Spain or France. If you do, you may have a will abroad, and care will need to be taken not to invalidate this will.
  • (this simply influences the cost of the service, we charge €60 for existing clients and €100 for new clients)
  • (if you did the service is free)
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  • Spouses & Partners

  • Please select those that apply to you, for instance if are married, but were previously divorced please select both "Married" and "Divorced".
  • The law imposes certain restrictions on how you may deal with your estate. Your spouse or civil partner has a legal right to half of your estate where you have no children. If you have children, your spouse or civil partner is entitled to one-third of your estate.
  • Often those married, in a Civil partnership or other long term relationship make mutual wills. In that case each party makes a separate will, but both are reflective of one another. (There is an additional fee of €20 for this) Please tick this box if you wish there to be wills prepared for you and your partner.
  • Important note on being separated or divorced
    Being separated or divorced from your spouse does not mean that your spouse automatically loses the legal right to a share of your estate; however, the rights may be cancelled under the terms of a separation agreement or judicial separation or can be cancelled by court order when there is a divorce. These provisions also apply to civil partners under legislation which was commenced in January 2011. In the case of divorce, a former spouse who claims that proper provision has not been made for him/her may apply to court for a share of the deceased’s estate within 6 months from the date of grant of probate or grant of administration. Personal representatives are required to make reasonable attempts to notify the former spouse. A share will not be given to a former spouse who has remarried. The same rules apply to a separated spouse. These provisions also apply to civil partners under legislation which was commenced in January 2011.

  • We would strongly advise you rethink not leaving your spouse or civil partner at least 50% of your estate, as to do otherwise might leave the will open to challenge.
  • If you select everything here, and later confirm you have children will assume you wish to leave everything to your Spouse/Partner, and should he or she die before you you wish to leave your estate to your children. If you wish to provide for a different occurrence please select "See details below" and give us further information.
  • Please outline what you would like to leave to your partner. Please note however that as you are not married or in a Civil partnership you will be deemed to be in the "Group C" threshold for Capital Acquisitions Tax, which means that you can only leave a maximum of €32,500 to your partner before they will be taxed at a rate of 33% on the balance above this.
  • Your spouse or civil partner has a legal right to half of your estate where you have no children. If you have children, your spouse or civil partner is entitled to one-third of your estate. Most people provide that 100% of their estate goes to their spouse, but each situation is different. There are no tax implications in leaving a gift to a spouse or Civil Partner.

  • Children

  • You are not obliged to leave anything to your children in your will, or for there to be equality in the gifts you leave them. However a child who feels disenfranchised might bring an action under Section 117 of the Succession Act 1965 alleging that "just and proper provision" was not made for him or her. We will ask you later in the process for your instructions in how you would like to divide your estate.
  • If you have children under 18 years of age, your Will should give directions for the care of those children and how they are to be provided for. Unmarried couples additionally should ensure that each of their Wills clearly states who is to have custody and guardianship of their children if one of them dies. Most importantly, both married and unmarried couples should ensure that their Wills clearly state who is to have custody and guardianship if both spouses/partners die.
  • It may be appropriate that a discretionary trust be established for your child. We would suggest it might be in order to appoint trustees to control that Child's share.
  • We we ask you later in the process in what way you would like to make provision.
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  • Executors

  • Choose the person/s best suited to carrying into effect the terms of your Will. An advantage of making a Will is that you get to choose the person/s best suited to this task. A minimum of two executors is recommended and, if you are a senior citizen, at least one of those should be younger than you.
    The best advice when choosing an executor is to choose someone who has common sense, and will give effect to your wishes with minimum fuss.
    An executor can also be a beneficiary under your will, and it can be your spouse if you are married.
  • Given that you have indicated you are married or in a civil partnership or other long term relationship, do you want your spouse/partner to be the principal executor? We will also ask you to name two other executors also in the even that your spouse predeceases you, but in the event that your spouse or partner is alive on your death he or she will act as the sole executor. Do you agree?
  • Now name two other executors who will act in the case your spouse/partner cannot so act. We need at least one, but preferably two.
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  • Executors

  • Choose the person/s best suited to carrying into effect the terms of your Will. An advantage of making a Will is that you get to choose the person/s best suited to this task. A minimum of two executors is recommended and, if you are a senior citizen, at least one of those should be younger than you.
    The best advice when choosing an executor is to choose someone who has common sense, and will give effect to your wishes with minimum fuss.
    An executor can also be a beneficiary under your will, and it can be your spouse if you are married.
  • Given that you have indicated you are married or in a civil partnership or other long term relationship, do you want your spouse/partner to be the principal executor? We will also ask you to name two other executors also in the even that your spouse predeceases you, but in the event that your spouse or partner is alive on your death he or she will act as the sole executor. Do you agree?
  • Now name two executors who will act in the case your spouse/partner cannot so act. We need at least one, but preferably two.
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  • Executors, Trustees & Guardians

  • As you have children under 18 years of age, your Will should give directions for the care of those children and how they are to be provided for. Unmarried couples additionally should ensure that each of their Wills clearly states who is to have custody and guardianship of their children if one of them dies. Most importantly, both married and unmarried couples should ensure that their Wills clearly state who is to have custody and guardianship if both spouses/partners die.

    Guardians A Guardian is the person you select to take over your role as parent in rearing your children under 18 years of age.

    Trustees You can appoint a trustee to look after the assets in your estate; an executor can also be a trustee. Your Will should give your trustees enough powers to allow them to be flexible in deciding what maintenance and other payments should be made for the benefit of beneficiaries who are under the age of 18 years.

    Provision for children You may wish your estate to be divided equally between your children when they reach a specified age. You can arrange for them to receive an income from the estate, possibly from 18 years of age; alternatively, you may set up a ‘discretionary trust’ for your children until the youngest reaches a certain age e.g. age 21. Alternatively, if the children are likely to stay with a relative, consider enabling your executor/ trustee to advance money to the new household budget, including allowing for monies for increased mortgage payments on a larger home to accommodate both families.

    You will be asked more on this as the process continues.

  • The Executors

  • Choose the person/s best suited to carrying into effect the terms of your Will. An advantage of making a Will is that you get to choose the person/s best suited to this task. A minimum of two executors is recommended and, if you are a senior citizen, at least one of those should be younger than you.
    The best advice when choosing an executor is to choose someone who has common sense, and will give effect to your wishes with minimum fuss.
    An executor can also be a beneficiary under your will, and it can be your spouse if you are married.
  • Given that you have indicated you are married in a civil partnership or other long term relationship, do you want your spouse/partner to be the principal executor? We will also ask you to name two other executors also in the even that your spouse predeceases you, but in the event that your spouse or partner is alive on your death he or she will act as the sole executor. Do you agree?
  • Now name two executors who will act in the case your spouse/partner cannot so act. We need at least one, but preferably two.

  • Guardians

  • A Guardian is the person you select to take over your role as parent in rearing your children under 18 years of age. They will act in your place, and will ensure the Children are raised in the manner you would be happy with. Your Will should give directions for the care of those children and how they are to be provided for. Unmarried couples additionally should ensure that each of their Wills clearly states who is to have custody and guardianship of their children if one of them dies. If a mother or father is already a guardian (e.g. through marriage, or by Court Order), they will remain a Guardian. Please nominate at least one person.

  • Trustees

  • You can appoint a trustee to look after the assets in your estate until your children reach either 18 or 21. A minor can legally hold property, while unfavourable tax treatment can apply once a child reaches the age of 21. An executor can also be a trustee. Your Will should give your trustees enough powers to allow them to be flexible in deciding what maintenance and other payments should be made for the benefit of beneficiaries who are under the age of 18 years. We will draft a will that provides for the above eventualities, and can discuss the finer points as the process continues.
    We would always advise the same parties should be both the executors and trustees. It just makes things simpler.
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  • Creating a Trust Will

  • You have already nominated your executors, guardians and trustees; we now need some input from you in respect of what powers you would like the trustees to have, and what directions you would like to give them. The word trustee contains a clue as to the importance of their job, and the standards to which they are held. The will hold and invest your money strictly for the benefit of your children.
  • In practical terms you have two options, one is that the trust should come to an end when your youngest child reaches the age of 18, and the other when the youngest child reaches the age of 21. While most parents might feel 21 is too young to potentiality inherit a large sum of money, there are significant tax implications in allowing the trust continue beyond this unless the child will be dependent into the future, and it should only be exercised with caution and proper taxation advice.

  • In Law a trustee has wide ranging powers. Please confirm your agreement to the following

  • You can restrict the powers of the trustees but we would only recommend this in limited circumstances. Restricting the rights of Trustees to sell land or encash investments may have unintended consequences. Please tick or untick the check boxes as you deem appropriate.
  • If one or more of your trustees is a a professional (e.g. an accountant) they may perform services on behalf of the trust. A trustee may not charge for their time acting as a trustee, but making the appropriate selection here will allow the trustee to charge for their "professional time". We would generally advise it good practice to allow a trustee charge in circumstances where one of them is a professional.

  • What happens when the Children are no longer minors?

  • The trust will usually provides that when the children reach the age of majority the trust comes to an end and the proceeds are divided equally between them. If you would like to provide differently please outline it here:
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  • Your Wishes

  • You have indicated above that you wish to leave everything to your spouse/partner in the event of your passing Should your spouse predecease you (or you both die at the same time, then your estate will be given to your trustees strictly in trust and for the benefit of your minor children until they reach the age of maturity.
  • You have indicated above that you wish to leave everything to your spouse/partner in the event of your passing Should your spouse predecease you (or you both die at the same time, then your estate will to your children. Please now indicate how you would like your children to benefit.
  • You have indicated above that you wish to provide for spouse/partner in the event of your passing Should your spouse predecease you (or you both die at the same time, then their share will be given to your trustees strictly in trust and for the benefit of your minor children until they reach the age of maturity.
  • You have indicated above that you wish to provide for spouse/partner in the event of your passing Should your spouse predecease you (or you both die at the same time, then your estate will to your children. Please now indicate how you would like your children to benefit.
  • We note you have elected not to leave anything to your Spouse/Civil partner.
    The law imposes certain restrictions on how you may deal with your estate. Your spouse or civil partner has a legal right to half of your estate where you have no children. If you have children, your spouse or civil partner is entitled to one-third of your estate. However, the one-third share which your civil partner is entitled to can be subject to a possible claim by one of your children. Your spouse or civil partner also has a right to require that the family home and household contents be included in his/her share.

  • Adult Children

  • Your children are not automatically entitled to any part of your estate but they may apply to court if you fail in your moral duty to make proper provision for them in accordance with your means, taking into account their position in life. Please now outline how you wish your children to be provided for. We will give you the default option of leaving all your estate to them equally, but this may not be appropriate in many cases. If it isn't please detail exactly what your wishes are:.

  • WARNING!

    It is important when describing the various gifts you are leaving not to be too specific. It is better practice to leave certain percentages to each beneficiary rather than precise amounts of money or specified gifts. In this way if your estate is less than you might expect each beneficiary will be reduced proportionally. Also, if you leave a specified gift, (i.e. your car), and if you do not die possessed of that gift (for instance if you sell the car and buy a motorbike) that person will get nothing.
  • NameDetails of Gift 
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  • Bequests & Gifts

  • Please use this page to outline any other wishes you might have (other than you have set out already). Please take care to read the guidelines on Capital Acquisitions Tax in so doing.

    Capital Acquisitions Tax (CAT)

    Capital Acquisitions Tax (CAT) is a tax on gifts and inheritances. Inheritance tax may have to be paid on an inheritance inherited on the death of any person (e.g. under a Will or on intestacy). Gifts and inheritances between spouses and civil partners are exempt.

    Tax Free Threshold

    A gift or inheritance from a spouse or civil partner is not liable to inheritance tax. This will only apply to a legal spouse or civil partner and to divorced persons or where a civil partnership is terminated in certain circumstances. A “cohabitant” or “partner” in the general meaning (i.e. not a “civil partner”) is treated as a stranger for tax purposes.

    If you leave property by Will to someone other than a spouse or civil partner then the first portion, known as the tax free threshold, is taken free of tax. The amount of the tax free threshold depends on your relationship to the beneficiary and will also depend on whether any other benefits have been received.

    For instance where you leave property to a child or a child of your civil partner, or a minor child of a deceased child or, in certain circumstances, to a foster child or to a parent (in an unrestricted form) then the tax free threshold is the largest; known as the Group A threshold. If the property is left to a parent (where it is a restricted interest), brother or sister, niece or nephew, or grandchild, then Group B threshold applies, and if property is left to anyone else (for example a friend, in law, cousin or “partner”) then Group C threshold applies. The tax free thresholds are updated annually, usually in January in line with inflation.

    CAT thresholds for inheritances or gifts

    Group A Group B Group C
    On or after 9 October 2019 €335,000 €32,500 €16,250
    10 October 2018 - 08 October 2019 €320,000 €32,500 €16,250
    12 October 2016 - 09 October 2018 €310,000 €32,500 €16,250
    14 October 2015 - 11 October 2016 €280,000 €30,150 €15,075
    06 December 2012 - 13 October 2015 €225,000 €30,150 €15,075
    07 December 2011 - 05 December 2012 €250,000 €33,500 €16,750


    However, if a person has received other gifts or inheritances since 5 December 1991 they are added together (aggregated) according to certain rules relating to the date on which the gifts were received and from whom they were received. The effect of this may be to reduce or remove the tax free threshold available. If aggregation does apply, then the tax bite may prove disproportionate and professional advice should be sought.

    What happens if the threshold is used up?

    Inheritance tax is paid on the balance of the inheritance at the rate that applies on death, The standard rate of tax is 33% in respect of gifts and inheritances taken on or after 6th December 2012.
    • Cash legacies (e.g. to relatives, friends, charities).
    • Bequests of specific property (e.g. jewellery, furniture, etc.).
    • Any other special provisions (see “special circumstances”).
      • Residuary bequest (which may comprise most of your estate).
    • Restrictions (where a will is made)
  • NameDetails of Gift 

  • WARNING!

    It is important when describing the various gifts you are leaving not to be too specific. It is better practice to leave certain percentages to each beneficiary rather than precise amounts of money or specified gifts. In this way if your estate is less than you might expect each beneficiary will be reduced proportionally. Also, if you leave a specified gift, (i.e. your car), and if you do not die possessed of that gift (for instance if you sell the car and buy a motorbike) that person will get nothing.
  • Max. file size: 256 MB.
  • The residuary legatee is the person who will get everything after all the specified bequests are paid out. It is a "catch all" provision, but also a very important one, as regularly in practice this is the person who gets the most under the will
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  • Assets

  • There is generally no need to detail your assets individually of give proof of their ownership when making a will. You may however chose to complete a schedule to assist your executors if needs be.
  • AssetFurther details 
  • Please provide a rough estimate of what you think your estate might be worth to help us flag any tax implications that might arise.
  • Max. file size: 256 MB.

  • WARNING!

    Banks, Insurance Brokers, Share Registrars and other institutions are notoriously poor at maintaining records of assets they hold on behalf of clients. We have had repeated examples of cases where clients had certain shareholding that only came to light by change after they passed. While there is no need to detail your assets on this page it is vitally important your executors can easily locate a list of your assets. To this end we would strongly encourage you to keep such a list in a safe place, but one where you executors would obviously look after your passing.

    Also consider assets held online, for instance bitcoin or other cryptocurrencies. How will those who come after you be able to access these?
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  • Execution

  • In order for a will to be valid certain formalities must be observed. The main one is that it should be signed in your presence by two independent witnesses.
    WARNING! Under no circumstances should a person getting a gift in your will or a spouse of that person witness your will or the gift to them may lapse
    Normally our preference is that all wills are witnessed by staff of our firm; however at present this is difficult to arrange due to the Covid-19 epidemic.

  • Other Questions?

  • Fees & Costs

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  • Once you submit your instructions to us we will review them on a next working day basis and call you to discuss the next steps.
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