A Will is not just for the elderly

by Fiona Kelly | Sep 18, 2025 | Legal News, Wills & Probate

What your family in Letterkenny needs to know from a Wills Solicitor

Many people believe that wills are only necessary for the elderly or those with large estates. This is a common and risky misconception. If you live in Letterkenny or anywhere in Donegal, it is important to understand that making a will is a practical step for adults of any age. Whether you are a homeowner, parent, business owner or cohabiting partner, having a legally valid will offers clarity, peace of mind and protection for your loved ones.

Why making a will matters in your 20s, 30s and 40s

You do not need to be nearing retirement to make a will. Here is why:

Property ownership: if you own a home, land or investment property in Donegal, you should decide what happens to it.

Young children: appoint guardians in your will to ensure your children are cared for by people you trust.

Relationships: unmarried couples or blended families have more complex legal considerations. A will helps avoid disputes.

Digital assets and savings: bank accounts, pensions, crypto or online subscriptions all form part of your estate.

Preventing confusion: without a will, your estate is distributed according to the Succession Act 1965, which may not reflect your wishes.

Common myths in Ireland about making a will

It is easy to delay making a will because of common misunderstandings:

“I am too young to make a will.” Making a will is about being prepared, not expecting the worst.

“My partner will inherit everything.” Unmarried partners do not have automatic rights under Irish succession law.

“If I have a will, I can forget about it.” Wills should be reviewed after major life events like marriage, divorce or having children.

“I do not have enough assets to need a will.” A will is about more than wealth. It covers children, personal wishes and small but meaningful items.

“An EPA is only for the elderly.” Enduring powers of attorney are important tools for adults of all ages.

What a basic will covers in Ireland

A properly drafted Irish will typically include:

Appointment of executors – these are the people who will carry out your wishes.

Guardianship for children – if both parents pass away, the will names the people who will look after your children.

Specific gifts – you can leave particular items or money to specific people.

Residuary estate – this is what remains after debts and gifts. You can choose who receives the balance.

Funeral directions – while not legally binding, some people include their funeral preferences.

What about cohabiting couples and civil partners?

Under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, civil partners have many of the same rights as spouses. However, cohabiting couples (unmarried) are not automatically entitled to inherit anything, even after years together.

Making a will is the best way to ensure your partner is looked after. You can also combine this with a cohabitation agreement or financial planning if needed.

Planning ahead with an EPA (enduring power of attorney)

An enduring power of attorney (EPA) allows someone you trust to manage your finances or welfare if you lose mental capacity. This has become even more relevant with the Assisted Decision-Making (Capacity) Act 2015, fully in force since April 2023.

You can register an EPA with the Decision Support Service. It is wise to do this when you are creating or updating your will. The process includes:

Choosing attorneys (who will act on your behalf)

Setting out specific powers (financial, medical, or both)

Ensuring it meets the legal and witnessing requirements

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How the process works at Fiona Kelly Wills Solicitors in Letterkenny

We assist clients in Letterkenny and across Donegal to make legally valid, future-focused wills. Here is what to expect:

Initial meeting

We gather information about your family, property, and preferences.

Drafting

We prepare a draft will, tailored to your circumstances.

Review and sign-off

You review the draft and approve it. We finalise it with the correct witnessing.

Optional extras

We can prepare EPAs or help with advanced healthcare directives.

Secure storage

you can choose to keep the original will in safe storage with us.

Typical turnaround is one to two weeks for a straightforward will.

Indicative costs and timeframes

These are general estimates. We will always confirm costs based on your needs:

Simple will: from €300 to €500

Will with EPA: from €600

Comprehensive estate planning: from €800

Turnaround: usually 1 to 2 weeks, or slightly longer if additional planning is involved.

When probate is needed

Probate is the legal process of confirming a will and giving authority to executors to distribute an estate. If there is no will, the estate is shared under intestacy rules.

Our probate solicitors in Donegalguide families through each step, including:

Valuing assets

Filing tax returns

Applying for a grant of probate

Distributing property and money to beneficiaries

Practical scenarios

Letterkenny couple with young children

Claire and Brian, both in their 30s, own a home and have two children. Their will names each other as executor, appoints guardians and outlines gifts.

Retired widower in rural Donegal

Michael wants to leave farmland to one son and savings to grandchildren. His will ensures this is documented clearly.

Unmarried professional with property

Aisling lives with her partner and owns a townhouse in Letterkenny. Her will protects her partner and includes an EPA.

A Will is not just for the elderly FAQS

Do spouses automatically inherit everything?

Not always. If there are children, a spouse may only inherit two-thirds under the Succession Act.

Who can witness a will?

Two independent adults. They must not be beneficiaries or married to beneficiaries.

What if I live abroad but own property in Donegal?

You should make an Irish will covering Irish property to avoid delays.

Is a solicitor necessary?

It is possible to write your own will, but errors are common. Using a solicitor ensures it is legally valid and complete.

Can I change my will later?

Yes. You can update or replace your will at any time while you have capacity.

Take the next step in Letterkenny

If you are ready to make a will, set up an enduring power of attorney or plan your estate, we are here to help. We serve clients throughout Letterkenny and Donegal.