Make a Will

Make your Will for €300 per person.
Every person makes a single Will or €500 for a couple.

Before booking an appointment, please fill out a form:

Which form?

1. If you have children under 18, fill out this form  here.

2. If you have children over the age of 18, fill out this form here

3. If you do not have children, fill out this form here. 

During level 5 restrictions, we are open for essential legal services.
Book an appointment

Essential legal services – Open during level 5

Why choose Madden Law when making your Will?

Madden Law is a Drogheda solicitor’s firm located in The Byranstown Centre. Under level 5 restriction, legal services are essential and we are open by appointment only. 

Madden Law is run by Solicitor Shona Madden. With ten years of experience, Shona Madden can advise you on all legal aspects of making your Will, in plain English. 

Whether it’s a straightforward Will leaving everything to a partner or children equally or a difficult sensitive family matter, Shona will guide you through the process with empathy and helpful information.  

What happens to your old Will when you make a new Will?

When a new valid Will is signed, it revokes the older Will. Usually, the older will  is not destroyed. It is simply kept with the new Will. There is no requirement to bring an old Will in when making  a new Will. Often it will be helpful to discuss why a new Will is being made and therefore the contents of the old Will should be reviewed and discussed. 

Making your Will with Madden Law



Download the relevant form below. There are three forms below. Please contact us to post the relevant form to you if you wish.

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Online Form

You can fill out the form online.



€300 per person. €500 for a couple.

Book an appointment online for a convenient time to come in to review and sign the Will with Shona. Home and hospital appointments can be requested here.

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Signing the Will

You can attend on your own. The Executors do not need to come in. Our office will store the original Will and give you a copy.

I can email or post a form out to any person who needs it. During Covid-19 restrictions, I will provide Zoom calls to any person who needs to discuss making a Will.

Examples of different scenarios for each will:

Commonly a couple who own a property,  hold the property jointly. This means that on the death of one spouse, the ownership of the property immediately passes to the surviving spouse. The death certificate is submitted to the Property Registration, who will remove the deceased person from the ownership of the property. All assets that are held jointly fall outside the scope of will. A will cannot have effect over joint assets, as the title transfers on death to the surviving joint holder of the assets. This typically applies to property and bank accounts, held by couples.

If a property is registered in the sole name of one person, it might be worth considering transferring the property into joint names. 

 At least one Executor must be appointed in the Will. Usually, each spouse will appoint each other as the Executor of each other and gives everything to that spouse. Although frequently, all the assets will transfer automatically on death. This means that there would be no requirement for a Grant of Probate to administer the estate of the first spouse. 

The Will usually continues, saying that on the death of the second spouse the estate is given to the children in equal shares. There is no legal obligation on parents to leave everything equally to children. However, this is very common. There is no obligation on parents to leave an inheritance to children. The legislation requires parents to make “proper provisions” for their children, given a number of factors. This obligation can be satisfied by gifts given during the lifetime of the parents among other things. Each case is taken on its facts and there is no formula for determining when or if proper provision s made. 

Commonly the Will does not list assets of the estate. It gives the estate to the children in equals share or other shares. This gives the Will flexibility as assets change frequently. If a Will stated that a Bank of Ireland account was going to one child and a house to another and then the house was sold and the proceeds of sale lodged to the Bank of Ireland account, after the Will was made, this would result in different bequests than the person intended. Therefore it is often advisable to value assets and give shares of the estate to the beneficiaries. The estate is defined as all of the assets of the estate at the date of death. This includes assets that are due to the estate. 

The Will should deal with the situation that a child may predecease the person making the Will. The normal rule is that if a person named in a Will dies before the person who made the Will, then the gift to them lapses. The beneficiary does not inherit the gift. This can be changed by a gift over clause in the Will.

It will also not apply if the person was a child of the person who made the Will. If a child dies before their parents and leaves a child, alive at the date of the death of the person who made a Will, then the gift given to the predeceased child does not lapse. But it does not go to the grandchild. It goes by law to the estate of the deceased child. If that predeceased child made a will, it will go under the terms of that Will and if not, then by Intestacy. If there is a gift over clause in the Will of the person, it will be directed to go the grandchild or another person they wish. 

If you wish to make this kind of will please download this form. Each person makes a separate Will. The cost of each standard Will is €200.

Similar to the situations above . However often when people bring their own grown up children to a new marriage later in life, the couple agree that they do not want to inherit from their new spouse’s estate. They decide to leave their estate between their own children only. They do not make provision for their new spouse or their spouses’s children. The law automatically vests one third of a married person’s estate, in the surviving’s spouse.

Even if a Will gives 100% to their children, 33% still vests by law in the spouse. This is called the Legal Right Share.  In these situations, the spouse who is not taking the one third share, should sign a Deed of Renunciation of their entitlement to the Legal Right Share. This document must be signed in the presence of an independent solicitor. It is advisable to do this at the time the Will is made. It can be done by the surviving spouse after the death of the spouse, however.

If you wish to make this kind of will please download this form . Each person makes a separate Will . The cost of each standard Will starts from €200. Independent legal advice costs €123.

Unlike spouses, cohabiting couples have no Legal Right Share.  There is no entitlement to a one-third share of their partner’s estate. There is a right to claim relief from the estate of the deceased partner. There are few reported judgments on this legislation. Each case will depend on its own facts when it comes to deciding if any payment or property should be given from the estate of a cohabitant to their surviving partner. It will be important to consider the tax consequences as inheritances between cohabitants have a tax free threshold of €16,250.

A cohabiting person with children will have an obligation to make “proper provision” for their children. The legislation refers to children, with no age limit. Often the property in which the couple resides is owned by one person. If this person has children, then often the other non-owning partner is given a Right of Residence for their life in the property, in the Will of their partner. This is often an exclusive Right of Residence in the property, if the children of their partner are grown up and live elsewhere. The Will then does on to give the property to the children absolutely, after the death of the surviving partner.  This ensures the surviving partner has security in the property for their life.  

If you wish to make this kind of will please download this form. Each person makes a separate Will. The cost of each standard Will starts from €200. 

It is advisable to for the mother to appoint the father as the guardian of the children in the event the the mother predeceases the father. The father may qualify as being the guardian but it is advisable to formally appoint him as guardian in the Will. 

It will be important to consider the tax consequences as inheritances between cohabitants have a tax free threshold of €16,250.


If you wish to make this kind of will please download this form . Each person makes a separate Will . The cost of each standard Will starts from €200.

With no spouse and no children, there are no legal obligations to provide for anyone in your Will. Provided the Will is valid, a single person can leave their assets to any person they decide. 

If you wish to make this kind of will please download this form . Each person makes a separate Will . The cost of each standard Will starts from €200. 

When making a Will,  many clients who have a child with a physical or mental disability are concerned with putting the right structure in place. This usually involves setting up a Discretionary Trust.  A Discretionary Trust gives Trustees absolute discretion about when, how, and to which children of the Trust they may appoint capital or income of the Trust. The Discretionary Trust does not tie the hands of the Trustees and gives them the power to make decisions as they deem appropriate about when and how much money is appointed out of the Trust.

This is important because many of the supports and allowances available are means-tested e.g. disability allowance and medical card. Therefore the Trustee can ensure that the thresholds for qualifying for these resources are not breached. A charity which supports the child may also be named as beneficiary of the Trust. This allows payments to be made from the Trust to the charity, which may help reduce a possible Capital Acquisition Tax liability of the child.

Many people shy away from using Discretionary Trusts because of the potential liability to Discretionary Trust Tax. Currently, there is an initial 6% charge and an annual 1% levy thereafter. A rebate of 50% of the initial 6% levy is available if all the trust funds are distributed within five years of the applicable valuation date. However, there is a full exemption available for Trusts set up in these circumstances under S 17 of the CATCA 2003, when certain conditions are fulfilled. 

Please select your most suitable Will form by clicking an option below:

The cost is €300 per Will. or €500 per couple. Every person makes a single Will.

The cost is €300 per Will or €500 per couple. Every person makes a single Will

The cost is €300 per Will or €500 per couple. Every person makes a single Will

Home Visit Required

If you need an appointment in your home, please give us the necessary details and we will make arrangements with you. 

Hospital Visit Required

If you need an appointment at hospital, please give us the necessary details and we will make arrangements with you. 

Information about making a Will when you have young children:

There are no requirements, generally, about the number of trustees that have be appointed in a trust document. The exception is when there is property in the trust, then two trustees must be appointed. 

The general rule is that a trustee  is only entitled to expenses. However, a will can make specific provisions for making payment to a trustee. 

Once a trustee has accepted the office, he cannot disclaim, only retire. The trustee can retire according to the terms of trust, if there are remaining trustees, or a new trustees are substituted or if the beneficiaries consent. (all being over 18 of sound mind and absolutely entitled)

The following documents are reviewed and discussed with the purchaser: Contract, map, Folio, Planning documents for the original construction and any extension, Local Property tax history of the property, BER certificate and advisory report, management company documents. 

The balance of the 10% deposit is given to the buyer’s solicitor. It will be transferred to the seller’s solicitor and two signed Contracts will be posted also. The seller will sign both Contracts, keep one and return one signed Contract to the buyer’s solicitor. At this point there is a binding Contract in place. 

Generally  when a  trustee takes some action in relation to the trust, his acceptance of the position is presumed. The trustee does not have to  give written acceptance of his position

In a will trust, when the same  person is appointed executor and trustee and who accepts the executorship will automatically be presumed to have accepted the trusteeship. He cannot accept one and then disclaim the other.

Trustees can be removed from office by the courts or if all beneficiaries consent. . The first place to check is the actual trust instrument to see what it has provided for. The courts can also replace a trustee is he is proved incompetent and/or dishonest, or is unfit or incapable of acting of if he is convicted of an offence or made bankrupt. The overriding concern is the welfare of the beneficiaries.

Do you have a question related to Making a Will? Send us a message

"I provide clear information and time frames at the start of the matter and regular updates throughout, so clients are always fully informed."
Shona Madden - Practicing Solicitor
Shona Madden
Madden Law

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