7 Ways a Will Can Be Declared Invalid in Ireland

A will can fail for reasons that might surprise you. Here are the seven most common ways a will is declared invalid in Ireland — and how Hugh Phelan Solicitor helps Cork clients avoid every one of them.

1. Not Signed at the End

The Succession Act 1965 requires the will to be signed at the end by the testator. If there is writing after the signature, the courts will treat the will as ending at the signature — anything after it may be ignored.

2. Only One Witness (or No Witnesses)

A will requires two witnesses present at the same time to see the testator sign (or acknowledge their signature). If only one witness is present, the will is invalid.

3. A Beneficiary Witnessed the Will

A witness to a will (or their spouse/civil partner) cannot benefit under it. If a beneficiary witnesses the will, they lose their inheritance — though the rest of the will remains valid. A common and costly mistake.

4. Lack of Testamentary Capacity

The testator must understand what they are doing when they sign. Severe dementia, mental illness or impairment that prevents understanding can make a will invalid. Medical evidence may be needed.

5. Undue Influence

If someone pressured, manipulated or coerced the testator into signing a will — or making specific provisions — the will or those provisions can be set aside by the court.

6. The Will Revokes an Earlier Will — But Is Invalid Itself

Some people make a new will with a revocation clause, but the new will is itself invalid. This can leave the testator with NO valid will — dying intestate — which may be the worst outcome.

7. Altered After Execution

Any alterations to a will after it has been executed (signed and witnessed) are presumed to have been made after execution and are invalid. If changes are needed, a new will or codicil must be properly executed.

Frequently Asked Questions

What makes a will invalid in Ireland?

A will can be invalid for many reasons — wrong number of witnesses, a beneficiary as witness, lack of capacity, undue influence, improper signature, or alterations after signing.

Can a will be invalid if a beneficiary was a witness?

Yes. Under the Succession Act 1965, a witness (or their spouse/civil partner) cannot benefit from the will. They lose their bequest if named as a beneficiary.

What happens if my will is declared invalid?

Your estate is distributed under intestacy rules as if no will existed. This may be completely different from your wishes. Using a solicitor to draft your will prevents this outcome.