Many people use the terms “wills” and “probate” interchangeably, but they are two distinct parts of the same process. A will is a set of instructions created during your lifetime. Probate is what happens after death to make those instructions legally enforceable. This guide explains how the two connect and what you need to know. For the full picture, see our complete guide to probate in Ireland.
What is a will?
A will is a legal document in which you set out how you want your property, money, and other assets distributed after your death. In Ireland, the rules for making a valid will are set out in Part VII of the Succession Act 1965. A will only takes effect when the person who made it (the testator) dies.
A valid will in Ireland must meet four requirements. The testator must be aged 18 or over (or be or have been married). They must be of sound disposing mind, meaning they understand what they are doing, know the extent of their property, and can consider who should benefit. The will must be in writing. And it must be signed by the testator in the presence of two witnesses, both present at the same time, who also sign the will.
What is probate?
Probate is the legal process of proving that a will is valid and giving the executor official authority to administer the estate. In Ireland, the Probate Office (part of the High Court) oversees this process. Once the will is accepted as valid, the Probate Office issues a document called a Grant of Probate. For a detailed explanation, see our guide to what probate means.
The Grant of Probate is the legal proof that the executor has authority to act on behalf of the estate. Banks, the Land Registry, insurance companies, and other institutions require this Grant before they will release assets. Without probate, the executor cannot access accounts, transfer property, or distribute the estate to beneficiaries.
How wills and probate connect
A will is created during a person's lifetime, but it has no legal force until the Probate Office confirms it is valid. Think of the will as the instructions and probate as the process that puts those instructions into action. One cannot work without the other: a will without probate is unenforceable, and probate without a will results in a different process entirely (intestacy).
What it is
A legal document setting out how you want your estate distributed after your death
The legal process of proving the will is valid and administering the estate
When it is created
During the person's lifetime
After the person's death
Who is involved
The person making the will (the testator) and two witnesses
The executor named in the will, the Probate Office, and the beneficiaries
Legal authority
Governed by Part VII of the Succession Act 1965
Governed by the Probate Office (an office of the High Court)
End result
A set of instructions that take effect on death
A Grant of Probate giving the executor legal authority to act
A will sets out the wishes; probate gives them legal force.
| Will | Probate | |
|---|---|---|
| What it is | A legal document setting out how you want your estate distributed after your death | The legal process of proving the will is valid and administering the estate |
| When it is created | During the person's lifetime | After the person's death |
| Who is involved | The person making the will (the testator) and two witnesses | The executor named in the will, the Probate Office, and the beneficiaries |
| Legal authority | Governed by Part VII of the Succession Act 1965 | Governed by the Probate Office (an office of the High Court) |
| End result | A set of instructions that take effect on death | A Grant of Probate giving the executor legal authority to act |
The probate process when there is a will
When someone dies leaving a valid will, the named executor is responsible for applying for probate. The process follows a structured sequence. First, the executor values all the assets and liabilities in the estate as of the date of death.
Second, the executor completes the Statement of Affairs (Probate) Form SA.2 through Revenue's online portal. This form details the estate's assets, liabilities, and beneficiaries. It replaced the former Inland Revenue Affidavit (Form CA.24) in September 2020.
Third, the executor submits the probate application to the Probate Office in Dublin or a District Probate Registry. The application includes the original death certificate, a photocopy of the will and any codicils (amendments to the will), the Revenue acknowledgement from the Form SA.2, and the Personal Application Form.
The Probate Office currently schedules appointments 10 to 12 weeks after the application is lodged for personal applications. After the appointment, the Grant is typically posted within three weeks. For a step-by-step walkthrough, see our guide to the probate process in Ireland.
Succession rights: what a will can and cannot do
In Ireland, a will does not give the testator complete freedom to distribute their estate however they wish. The Succession Act 1965 protects certain family members, regardless of what the will says. Understanding these rights is important for both executors and beneficiaries.
A surviving spouse or civil partner has a “legal right share” that cannot be overridden by the will. If the deceased left a spouse or civil partner but no children, the legal right share is one-half of the estate. If there are children, the legal right share is one-third. This right has priority over any gifts made in the will.
Children do not have an automatic right to inherit under a will. However, under Section 117 of the Succession Act 1965, a child may apply to court if they believe the deceased parent failed in their moral duty to make proper provision for them. This claim must be made within six months of the Grant of Probate being issued.
Spouse or civil partner, no children
The entire estate
One-half of the estate (legal right share)
Spouse or civil partner, with children
Two-thirds of the estate (children share one-third equally)
One-third of the estate (legal right share)
Children only (no spouse or civil partner)
The entire estate, divided equally
No automatic right, but may apply under Section 117
No spouse, civil partner, or children
Distributed to parents, then siblings, then extended family
No automatic right
The Succession Act 1965 protects spouses, civil partners, and (to a degree) children, whether or not there is a will.
| Family situation | Intestacy (no will) | With a will (minimum entitlement) |
|---|---|---|
| Spouse or civil partner, no children | The entire estate | One-half of the estate (legal right share) |
| Spouse or civil partner, with children | Two-thirds of the estate (children share one-third equally) | One-third of the estate (legal right share) |
| Children only (no spouse or civil partner) | The entire estate, divided equally | No automatic right, but may apply under Section 117 |
| No spouse, civil partner, or children | Distributed to parents, then siblings, then extended family | No automatic right |
What happens if there is no will?
When someone dies without a valid will, they are said to have died “intestate.” In this case, no Grant of Probate is issued. Instead, the next of kin applies for a Grant of Administration (the court document that lets them manage the estate when there is no will), and the estate is distributed according to the fixed rules of intestacy in the Succession Act 1965 rather than according to the deceased's wishes.
The intestacy rules follow a strict order. A surviving spouse or civil partner with no children inherits the entire estate. A surviving spouse or civil partner with children receives two-thirds, with the remaining third divided equally among the children. If there is no spouse, civil partner, or children, the estate passes to parents, then siblings, then more distant relatives.
When a will is revoked or invalid
A will can be revoked in several ways under the Succession Act 1965. Making a new will that expressly revokes the earlier one is the most common method. A will can also be revoked by a written declaration executed with the same formalities as a will, or by the testator physically destroying the will with the intention of revoking it.
Marriage or entry into a civil partnership automatically revokes any existing will, unless the will was made in contemplation of that specific marriage or civil partnership. This is a common pitfall: if you marry after making a will and do not make a new one, your earlier will is no longer valid, and your estate may be treated as intestate.
Storing and finding a will
Ireland does not have a public central register for wills. A solicitor who drafts a will typically stores the original in their office. When someone dies, the family's first step is usually to contact the family solicitor, who will confirm whether a will exists and who the executor is.
Once probate has been granted, the will becomes a public document. Wills probated since 1992 are available on the Courts Service Probate Register Online. Anyone can search the register using the deceased person's name and year of death. For older wills, the National Archives of Ireland holds records from Dublin and some district registries up to 1991.
Should you get professional help?
You can apply for probate yourself through a personal application to the Probate Office. However, the Courts Service requires you to use a solicitor in certain situations, including where the original will is lost, the will's validity is in question, there are disputes among the next of kin, or the applicant lacks legal capacity.
Even where a solicitor is not legally required, professional guidance is worth considering when the estate includes property, foreign assets, or business interests; when the will is complex or contains unusual provisions; or when Capital Acquisitions Tax (CAT) is likely to apply to beneficiaries.