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.
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.