Divorce in Ireland: How Are Assets Divided?

Divorce in Ireland: How Are Assets Divided?


Going through a divorce in Ireland brings up many questions, especially about how assets are split. The law has specific rules for dividing what you own with your spouse. This can include everything from your home to savings and even pensions. It’s important to understand these rules to make sure the division is fair.

In a divorce, figuring out who gets what is a big part of the process. This guide will help explain how assets are divided in Ireland. We’ll cover the basic legal steps and what you can expect. Whether you’re just starting to think about divorce or are already in the middle of one, knowing your rights and what to expect can help.

This post will give you a clear guide on asset division in Irish divorces. We aim to provide useful information that can help you during this time. Let’s look at how the law works and what it means for you.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

Legal Framework for Asset Division in Ireland

Divorce laws in Ireland aim for fairness in dividing assets. This process is not a simple equal split. Instead, the court looks at each spouse’s needs, contributions, and future prospects.

1 – The Basics: The principle is fairness. Courts consider many factors, not just financial contributions. They also look at non-financial contributions like childcare and homemaking.

2 – What’s Included: Almost every asset is up for division. This includes property, cars, bank savings, and pensions. The goal is to assess everything owned and come to a fair division.

3 – How Decisions Are Made: The court examines the marriage’s length, each person’s future needs, and past contributions. This helps to reach a decision that supports both parties moving forward.

Understanding these guidelines is crucial for anyone going through a divorce. It helps in setting realistic expectations for the outcome. 

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

Types of Assets Considered in Divorce

The division of assets involves looking at everything you and your spouse own, but not all assets are divided equally.

1 – Marital vs. Non-Marital Assets: Assets bought during the marriage are usually divided. Things you owned before you got married, or gifts and inheritances, might not be split.

2 – Common Assets: The family home is often the biggest asset. Savings, other properties, and pensions are also important. Each has rules on how it can be divided.

3 – Valuing Assets: Knowing what everything is worth is key. This might mean getting a professional valuation of properties or assessing the current value of pensions.

Knowing what counts as an asset and how it’s valued helps in reaching a fair agreement or understanding the court’s decision.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

The Process of Dividing Assets in Divorce

The division of assets is a detailed process that involves several steps.

1 – Disclosure: Both spouses must share full details of their assets. This transparency is essential for fair division.

2 – Negotiation: Before going to court, there’s a chance to agree on how to split assets. Mediation can help here, saving time and legal fees.

3 – Court Decision: If an agreement isn’t possible, the court will make the final decision. The aim is always fairness, based on the marriage details and each spouse’s needs.

This process can be lengthy and requires a clear understanding of both parties’ rights and obligations. It’s about coming to a solution that respects both individuals’ contributions and future needs.

Understanding these aspects of asset division provides a foundation for navigating the divorce process with clarity and a focus on fairness.

Whether through direct agreement or with the help of the courts, the goal is to ensure a balanced outcome that considers the future of both parties.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

What Factors Affect Asset Division in Divorce?

The way assets are divided during a divorce in Ireland depends on several important factors. These criteria help ensure the division is fair and considers the needs and contributions of both parties.

1 – Length of the Marriage: The duration of the marriage can significantly influence asset division. Generally, the longer the marriage, the more likely assets are to be divided equally.

2 – Each Spouse’s Contributions: Contributions aren’t just financial. Non-financial contributions, like caring for children or managing the household, are also highly valued.

3 – Future Needs: The court closely looks at what each person will need moving forward. This includes considering the age, health, and earning potential of both spouses.

Understanding these factors is crucial. They shape the court’s decisions, aiming for a division that fairly reflects each spouse’s past contributions and future needs.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

How to Protect Your Own Interests

In divorce, protecting your financial interests is critical. There are several steps you can take to ensure a fair division of assets.

1 – Legal Advice: Consult with a solicitor who specialises in divorce. They can provide guidance tailored to your situation.

2 – Documentation: Gather all financial documents. This includes bank statements, property deeds, and pension details. Accurate records support your case.

3 – Negotiation: Be open to negotiation. Mediation services can help find a solution that’s agreeable to both parties, potentially avoiding a lengthy court process.

Taking these steps can help safeguard your interests. They prepare you for the negotiation or court proceedings, aiming for the best possible outcome.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

Navigating Asset Division in Ireland

Divorce and asset division in Ireland require careful consideration. From understanding legal frameworks to knowing what factors influence decisions, being informed is key.

1 – Know Your Rights: Understanding your legal rights is the first step. This ensures you’re prepared for the discussions and decisions ahead.

2 – Prepare for the Process: The process can be long and complex. Being prepared, both mentally and with the right documentation, makes it smoother.

3 – Seek Support: Don’t go through it alone. Legal advice, support from loved ones, and professional mediation can make a significant difference.

Navigating the complexities of asset division during a divorce requires patience and a clear understanding of the legal landscape.

Armed with the right information and support, you can work towards a fair and equitable resolution that respects the contributions and needs of both parties.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

Frequently Asked Questions

Addressing common questions can help clarify the process of asset division in Irish divorces further. Here are some answers to frequently asked queries:

What are considered assets in a divorce in Ireland?

Assets include everything from property and vehicles to savings, pensions, and personal belongings of value.

How are assets documented in the divorce process?

Both spouses must fully disclose their assets, supported by financial documents like bank statements, property deeds, and pension statements.

Is divorce split 50/50 in Ireland?

Not always. Ireland’s courts aim for a fair division based on various factors, not strictly a 50/50 split.

Why is equitable not equal in asset division?

Equitable division considers each spouse’s needs and contributions to ensure a fair outcome, which may not be a simple equal split.

How is property divided after divorce in Ireland?

The court considers children’s needs, each spouse’s financial situation, and other assets, aiming to minimise disruption and ensure fairness.

Under the Family Home Protection Act 1976 (updated in the Family Law Act 1995), you cannot sell, mortgage, or transfer your family home without your spouse’s consent. This provision extends to civil partners, but not to cohabiting couples.

How are pensions and businesses divided after divorce?

Pensions and businesses are considered part of the marital assets and subject to division based on their value and the marriage’s specifics.

Do I need a solicitor to assist with the division of assets?

While not mandatory, a solicitor can offer valuable guidance and representation, ensuring fair asset documentation and division.

Can my ex-partner claim money after the divorce?

Post-divorce financial claims are generally settled during the divorce proceedings, but specific terms should be discussed with a solicitor.

How long does divorce take in Ireland?

The duration varies, often taking several months to over a year, depending on the case’s complexity and whether it’s contested.

What are the property rights of married couples in Ireland?

Married couples have rights to an equitable share of all marital assets under Irish law, considering both financial and non-financial contributions.

How much does divorce cost in Ireland?

Costs vary based on case complexity, legal fees, and whether the divorce is contested. A solicitor can provide a detailed estimate.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors

Key Takeaways

Understanding Asset Division: In Ireland, divorce involves a fair and equitable division of assets, not necessarily an equal 50/50 split. Assets considered include property, savings, pensions, and personal belongings.

Documentation and Disclosure: Full disclosure of all assets and liabilities is crucial for a fair division. Both parties must provide comprehensive documentation of their financial situation.

The Role of Legal Assistance: Consulting with a solicitor can provide invaluable guidance through the asset division process. Legal advice is key to ensuring that your rights are protected and that you navigate the divorce proceedings effectively.

Equitable vs. Equal: The principle of equitable division takes into account various factors, including each spouse’s contributions to the marriage (both financial and non-financial), future needs, and the welfare of any children involved.

Property and Pensions: Decisions about the family home and pensions are made with consideration to minimising disruption, especially for children, and ensuring both parties’ financial security post-divorce.

Duration and Costs: The time and cost of a divorce in Ireland vary based on its complexity, whether it is contested, and legal fees. Early consultation with a solicitor can help manage expectations.

Rights and Claims: Understanding your rights within the marriage and potential financial claims is essential. Legal advice can clarify what you are entitled to and how to pursue it.

Preparation is Key: Being well-prepared with accurate information, documentation, and legal support can significantly impact the outcome of the asset division process.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors


Navigating the process of divorce in Ireland, especially the division of assets, presents a myriad of legal and emotional challenges. The journey towards equitable asset division demands a clear understanding of Ireland’s legal framework, comprehensive documentation of assets, and, most importantly, a focus on fairness and future well-being for all involved parties.

The importance of seeking legal advice cannot be overstated. A solicitor specialising in family law can provide the necessary guidance, support, and representation to navigate the complexities of divorce proceedings. This professional assistance ensures that your rights are protected and that the division of assets is conducted fairly and in accordance with Irish law.

Remember, the goal of asset division in a divorce is not to win but to reach a resolution that respects the contributions of both partners and lays a foundation for the future. By approaching the process with openness, preparedness, and a willingness to negotiate, it’s possible to achieve an outcome that is both equitable and constructive.

Divorce marks the end of one chapter and the beginning of another. With the right information, support, and mindset, individuals can navigate this transition more smoothly, ensuring that both parties can move forward with dignity and security.

If you’re considering divorce or need assistance with the division of assets, Kevin O’Higgins Solicitors is here to help guide you through every step. Contact us today to ensure your rights are protected and to make this challenging time as straightforward as possible.

Divorce in Ireland: How Are Assets Divided? | Kevin O'Higgins Solicitors
Making a Will in Ireland: Tips for Protecting Your Family’s Future

Making a Will in Ireland: Tips for Protecting Your Family’s Future


For many individuals, the thought of making a Will evokes a sense of unease. It’s often intertwined with acknowledging our death. However, while seemingly daunting, this process is a fundamental act of care and foresight for our families.

Making a Will in Ireland is not just about laying out who gets what. It’s a deeply personal conversation with the future. It ensures that your loved ones are protected and provided for according to your wishes. The importance of making a Will cannot be overstated. It’s a necessity when considering the peace of mind it brings to you and those close to you.

In Ireland, the process of making a Will is surrounded by legal formalities. At its heart, it’s about family. It’s about making choices today that will support your family’s needs and respect your wishes tomorrow. Whether it’s ensuring that your children are looked after or that your spouse is financially secure, a Will is the tool that makes your intentions clear and legally binding.

This article will outline the process of making a Will. It breaks down the process into manageable steps and offers practical tips for those looking to safeguard their family’s future. 

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Understanding the Basics of Wills in Ireland

Making a Will is a crucial step in managing your estate. It also ensures that your assets are distributed according to your wishes after your death. In Ireland, the process and importance of creating a Will are governed by a clear legal framework. That said, the concept remains straightforward.

A Will is a legal document where you, the testator, declare how your assets should be handled. You decide who should be the beneficiary of these assets after you die.

Key Elements of a Will:

  • Testator: The person making the Will.

  • Executor: An individual or institution appointed to carry out the directions of the Will.

  • Beneficiaries: The people or organisations who will receive your assets.

  • Assets: Everything you own that you may want to distribute. This includes property, money, and personal possessions.

Legal Requirements:

For a Will to be valid in Ireland, certain conditions must be met:

  • The testator must be at least 18 years old or married.

  • The Will must be written voluntarily, without any coercion.

  • The testator must be of sound mind. They must fully understanding the nature of the document and its implications.

  • The Will must be signed by the testator in the presence of two witnesses. These witnesses must sign the document in the testator’s presence.

Why a Will is Necessary:

Without a Will, your estate will be distributed according to the rules of intestacy under the Succession Act of 1965. This may not align with your personal wishes or the needs of your family. As a result, it can lead to unintended consequences and disputes among your loved ones. A Will provides clarity, ensuring that your assets are distributed exactly as you intend. This offers peace of mind to both you and your family.

Creating a Will is not just about asset distribution. It’s also a form of protection for your loved ones. The document ensures they are cared for in your absence. This includes appointing guardians for minor children, making specific financial provisions, and even detailing your wishes for personal items that hold sentimental value.

In essence, a Will is your voice beyond your lifetime. It’s a testament to your care and consideration for your family’s future.

Understanding these basics is the first step towards making an informed decision about your Will. It lays the foundation for a secure future for your loved ones. By drafting a Will, you make sure all wishes are respected and carried out as you intended.

In the next sections, we’ll dive deeper into the implications of not having a Will. We also address the benefits of making a Will, and how to approach this important task with your family.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

“What Happens If I Don’t Have a Will?”

The consequences of not having a Will in Ireland can be far-reaching. The result can often detract from what you might have wished for your family and assets. Dying without a Will, known as dying intestate, triggers a default legal process. This process may not reflect your personal desires or the specific needs of your loved ones.

Distribution Under the Rules of Intestacy:

When someone dies without a Will, their estate is distributed according to the rules of intestacy as outlined in the Succession Act of 1965. This might lead to outcomes that diverge significantly from what the deceased might have wanted:

  • If married or in a civil partnership, the entire estate may go to the spouse or civil partner. This potentially overlooks the needs or wishes of other relatives or children from previous relationships.

  • Children might inherit equally. However, this might not align with the deceased’s wishes for specific allocations or considerations for their individual needs.


  • In the absence of a spouse, civil partner, or children, the estate could pass to parents, siblings, or more distant relatives. In this case, the result might not reflect the deceased’s personal relationships or intentions.

Emotional and Financial Strain:

The absence of a Will can place an additional emotional and financial burden on families during an already difficult time. Without clear directives:

  • Family members may face uncertainty and disputes over the distribution of assets. This can lead to potential conflicts and strained relationships.

  • The probate process can become more complicated and time-consuming. It can delay the distribution of assets and possibly incurring additional legal costs.

Guardianship of Minor Children:

Perhaps one of the most significant impacts of not having a Will involves the care and guardianship of minor children. Without a Will specifying guardianship wishes:

  • The court will decide on the guardians for minor children. Their decision may not align with the deceased’s preferences or the children’s best interests.

  • This uncertainty can lead to disputes among family members and potentially distressing situations for the children involved.

The absence of a Will can indirectly complicate the lives of those you care about most. Making a Will is not only about distributing your assets but also about providing for your family’s needs. By preparing in advance, you’re protecting their future.

Creating a Will can eliminate unnecessary legal hurdles and emotional distress. By understanding the potential impacts of not having a Will, it becomes evident why taking the step to create one is a critical act of care for your loved ones.

In the following sections, we’ll guide you through the benefits of making a Will and how to ensure it reflects your wishes for your family’s future.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Benefits of Making a Will for Your Family

Creating a Will is an act of foresight and compassion towards your family. It ensures that your assets are distributed according to your wishes and offers significant benefits that can impact your family’s well-being.

Here, we dive into the key advantages of having a Will in place. We also highlight how it serves to protect and provide for your loved ones in Ireland.

Clear Direction for Asset Distribution:

  • Personalised Decisions: You have the control to decide exactly how your assets are divided among family members, friends, or charities, reflecting your relationships and values.

  • Protection for Minor Children: A Will allows you to make specific provisions for the care and financial support of your children, including the appointment of guardians.

  • Avoidance of Disputes: With your wishes clearly laid out in a Will, the potential for family disputes over the distribution of your estate is significantly reduced, helping to maintain harmony among your loved ones.

Minimise Legal and Financial Burdens:

  • Simplified Probate Process: A clear and valid Will can streamline the probate process, making it quicker and less costly for your family to access their inheritance.

  • Tax Considerations: Strategic estate planning through your Will can help minimise the tax burden on your estate, maximising the inheritance for your beneficiaries.

Peace of Mind for You and Your Family:

  • Security: Knowing that your family will be taken care of according to your wishes provides peace of mind to both you and your loved ones.

  • Clarity and Confidence: Your family will have the comfort of knowing they are fulfilling your final wishes, which can be a source of great comfort during a difficult time.

Adapt to the Changes of Life:

  • Revisable Documents: Wills can be updated to reflect life changes such as marriage, divorce, the birth of children, or changes in financial circumstances, ensuring your estate plan remains aligned with your current situation and wishes.

Making a Will is a powerful way to communicate your love and care for your family. It’s about making thoughtful choices that reflect your desires and priorities. This ensures that your legacy is preserved and passed on in the manner you envision.

More than a legal document, a Will is a reflection of your commitment to your family’s future and well-being. By recognising these benefits, it becomes clear why making a Will should be a priority for anyone concerned with the welfare of their loved ones.

In the next sections, we’ll explore the key considerations when making your Will and how to start this important conversation with your family.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Key Considerations When Making Your Will

Crafting a Will is a thoughtful process that requires consideration of several key factors to ensure it accurately reflects your wishes and provides for your family’s needs.

Here are some crucial aspects to keep in mind when making your Will in Ireland. These elements are focused on making the process as comprehensive and beneficial for your loved ones as possible.

Assessing Your Assets and Liabilities:

  • Inventory of Assets: Begin by making a detailed list of your assets, including property, bank accounts, investments, and personal possessions of value. Understanding what you own is the first step in deciding how to distribute it.

  • Consideration of Liabilities: Be aware of any debts or obligations that may impact your estate. These liabilities can affect the net value of your estate and should be considered in your planning.

Choosing Executors and Guardians:

  • Selecting an Executor: Choose someone you trust to carry out the instructions in your Will. This should be a person who is responsible, organised, and willing to take on this important role.

  • Appointing Guardians for Minor Children: If you have children under the age of 18, deciding on a guardian is one of the most critical decisions. Consider who would best maintain your parenting style and values, and ensure you discuss this with the potential guardians before making your decision.

Making Specific Financial Provisions:

  • Direct Bequests: You may wish to leave specific items or amounts of money to certain individuals or organisations. Be clear and specific to avoid any confusion or disputes.

  • Trusts for Children or Dependents: For younger children or dependents with special needs, setting up a trust can ensure they are provided for in a way that meets their ongoing needs and circumstances.

Personal Sentiments and Legacies:

  • Sentimental Items: Beyond financial assets, consider any personal possessions with sentimental value. Leaving these items to specific loved ones can have profound emotional significance.

  • Charitable Donations: If there are causes or organisations you are passionate about, you can include provisions to support them in your Will, creating a lasting legacy.

Review and Update Regularly:

  • Life Changes: Major life events such as marriage, divorce, the birth of a child, or the death of a beneficiary or executor necessitate a review and possible update of your Will to ensure it remains reflective of your current wishes.

  • Legal Updates: Stay informed about any changes in legislation that might affect your Will or estate planning in general. It may be beneficial to consult with a legal professional periodically to ensure your Will complies with current laws.

Creating a Will is not a one-time task but an ongoing commitment to safeguarding your family’s future. It requires careful thought, clear communication, and regular updates to ensure it continues to reflect your wishes and life circumstances accurately.

By considering these key aspects, you can create a comprehensive Will that provides peace of mind for you and security for your loved ones.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

How to Start the Conversation with Your Family

Discussing the creation of a Will with your family is a crucial step that can be sensitive and emotional. However, it’s also an opportunity to ensure transparency, understand expectations, and convey your wishes clearly.

This conversation can bring peace of mind to both you and your loved ones, knowing that plans are in place for the future. Here are some tips for approaching this important discussion:

Choose the Right Time and Setting:

  • Timing: Select a time when your family is not preoccupied or stressed, ensuring everyone is more receptive and open to discussion.

  • Setting: Opt for a comfortable and private space where you can speak without interruptions, allowing for an open and honest conversation.

Be Clear About Your Intentions:

  • Purpose: Start by expressing your desire to ensure that everyone is taken care of and that your wishes are known and respected.

  • Reassurance: Emphasise that this is about planning for the future and providing security for your loved ones, not about dwelling on the negative.

Involve Your Family in the Process:

  • Expectations: Ask your family members about their expectations or concerns regarding the Will and estate planning. This can help address any potential issues early on.

  • Decisions: While the final decisions rest with you, involving your loved ones in the conversation can help them understand your choices and reduce potential conflicts later.

Use Simple, Understandable Language:

  • Avoid Jargon: Keep the conversation straightforward, avoiding legal terminology that might confuse or overwhelm your family members.

  • Clarifications: Be ready to explain the reasons behind specific decisions, especially those involving guardianship, asset distribution, or special provisions.

Address Any Questions or Concerns:

  • Openness: Encourage your family to ask questions and express their thoughts and concerns. This openness can lead to a more comprehensive understanding for everyone involved.

  • Professional Advice: If there are complex issues or questions you can’t answer, suggest consulting with a legal professional together for clarity.


  • Documentation: Consider summarising the key points discussed and any decisions made during the conversation in writing, and share this with your family.


  • Updates: Let your family know that you’ll keep them informed of any changes or updates to your Will, maintaining an ongoing dialogue.

Starting the conversation about making a Will can strengthen your family bond, ensuring that everyone feels considered and respected.

It’s a step toward mutual understanding and peace of mind, knowing that your family’s future is thoughtfully planned for.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Navigating the Probate Process

Understanding the probate process is crucial for anyone making a Will in Ireland. It directly affects how and when your assets will be distributed to your beneficiaries.

Probate is the legal procedure that ensures your Will is valid and that your estate is distributed according to your wishes.

This section provides an overview of the probate process, its importance, and how having a Will simplifies this process for your loved ones.

What is Probate?

  • Definition: Probate is the court-supervised process of authenticating a deceased person’s Will, assessing the estate, paying off debts, and distributing the remaining assets to the designated beneficiaries.

  • Purpose: It serves to legally transfer ownership of the deceased’s assets to the beneficiaries and ensures that any debts or taxes owed by the estate are paid.

Probate with a Will:

  • Executor’s Role: If you have a Will, you will be named an executor. This person is responsible for initiating the probate process, gathering and valuing your assets, paying off debts, and distributing the assets as you have directed.

  • Simplification: Having a Will can significantly streamline the probate process. With clear instructions and appointed executors, the court can more easily validate your Will and allow the executor to carry out your wishes.

Probate without a Will (Intestacy):

  • Administrator Appointment: If you die without a Will, the court appoints an administrator, usually a close family member, to manage your estate.

    This process can be more complex and time-consuming, as the administrator must distribute the assets according to the default intestacy rules, which may not reflect your personal wishes.


  • Complications: The lack of a Will may lead to delays, increased costs, and potentially disputes among family members over the distribution of your estate.

How to Simplify the Probate Process for Your Family:

  • Detailed Will: Ensure your Will is clear, detailed, and legally valid to avoid any uncertainties or legal challenges that could complicate the probate process.

  • Organised Documents: Keep your estate documents, including your Will, in a safe but accessible place, and let your executor know where to find them.

  • Consider a Probate Solicitor: For more complex estates, consider advising your executor to hire a solicitor specialised in probate law to guide them through the process efficiently.

Benefits of Planning Ahead:

  • Minimise Stress: By having a Will and understanding the probate process, you can minimise the stress and burden on your loved ones during a difficult time.

  • Quicker Distribution: A clear Will can lead to a quicker probate process, allowing your beneficiaries to access their inheritance sooner and with fewer legal hurdles.

Navigating the probate process can seem daunting. With proper planning and a well-crafted Will, you can make it as smooth as possible for your loved ones.

This foresight ensures that your wishes are respected. It also provides peace of mind to both you and your family, knowing that everything is for the future.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Seeking Professional Guidance

Creating a Will is one of the most significant steps you can take to ensure your estate is managed and distributed correctly after you pass away.

While it’s possible to draft a Will on your own, seeking professional advice from an experienced solicitor can offer numerous benefits. This are helpful when navigating the complexities of estate planning in Ireland.

This section outlines why professional guidance is crucial and how it can streamline the process of making your Will.

Complexity of Estate Planning:

  • Legal Expertise: Estate law can be complex and varies significantly by jurisdiction. A solicitor specialising in estate planning and Will drafting in Ireland can provide invaluable advice tailored to your specific situation, ensuring your Will complies with local laws and regulations.

  • Customised Solutions: Every individual’s circumstances are unique, involving different family dynamics, assets, and wishes. Professionals can offer personalised strategies that best meet your estate planning goals, addressing issues like guardianship for minors, setting up trusts, and tax implications.

Avoiding Common Pitfalls:

  • Validity Concerns: A professionally drafted Will minimises the risk of it being contested or deemed invalid due to errors or omissions. Solicitors ensure all legal requirements are met, including the proper signing and witnessing of the document.

  • Clarification of Wishes: Legal professionals can help articulate your wishes clearly, reducing the likelihood of disputes among beneficiaries by providing clarity and precision in the language used in your Will.

Updating Your Will:

  • Life Changes: Changes in your personal circumstances, such as marriage, divorce, the birth of children, or acquiring significant assets, may necessitate updates to your Will. A solicitor can help you make these adjustments to reflect your current wishes accurately.

  • Legislative Changes: Laws related to estate planning and taxation can evolve. A legal professional stays updated on these changes and can advise you on necessary modifications to your Will to ensure it remains effective and compliant.

The Role of a Solicitor:

  • Comprehensive Review: Beyond drafting your Will, a solicitor can review your overall estate plan, including assets, liabilities, and insurance policies, to ensure a holistic approach to your estate planning.

  • Probate Process Guidance: They can also offer guidance on the probate process, helping your executor understand their duties and the steps involved in administering your estate.

Peace of Mind:

Ultimately, the most significant benefit of seeking professional help is the peace of mind it brings. Knowing that your Will has been prepared with expert care ensures that your wishes will be honoured, and your loved ones will be cared for as you intended.

Seeking out professional advice for drafting your Will is not just about the document itself. The right guidance can ensure your final wishes are accurately recorded and legally binding.

This professional input safeguards your estate and provides clarity and comfort to your family during what will undoubtedly be a challenging time. Listen to what Kevin O’Higgins had to say about drafting a Will alongside an experienced solicitor.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

FAQs About Making a Will in Ireland

When considering making a Will in Ireland, many individuals have questions about the process, its implications, and how to ensure their wishes are accurately reflected.

This section addresses some of the most common questions, providing clear and concise answers to help demystify the process of creating a Will.

1. Do I really need a solicitor to make a Will?

While it’s possible to draft a Will on your own, consulting with a solicitor ensures that your Will complies with all legal requirements and accurately reflects your wishes.

Solicitors can also provide advice on complex issues. Such areas include tax planning, guardianship, and the establishment of trusts. These help reduce the likelihood of disputes among your beneficiaries.

2. What happens if I die without a Will in Ireland?

If you die without a Will (intestate), your estate will be distributed according to the rules set out in the Succession Act of 1965.

This may not align with your personal wishes and could lead to unintended consequences for your loved ones, including potential disputes and additional legal complications.

3. Can I change my Will after it’s been made?

Yes, you can (and should) update your Will to reflect changes in your circumstances. Common updates include marriage, divorce, the birth of children, or significant changes in your financial situation.

These updates are typically done through a codicil (an amendment to your Will) or by drafting a new Will entirely.

4. How do I choose an executor for my Will?

Choose someone you trust to be responsible and impartial, such as a close family member, friend, or a professional like a solicitor.

The role of an executor involves managing your estate according to your Will. Therefore, it’s important to discuss this responsibility with them before making your decision.

5. Are digital assets included in Wills?

Yes, digital assets, such as online accounts, social media, and digital currencies, can and should be included in your Will. It’s important to provide clear instructions on how these assets should be handled, including access details, to ensure they are managed according to your wishes.

6. How can I ensure my Will is followed?

Having a legally valid Will that is clear and unambiguous is the best way to ensure your wishes are followed. Additionally, discussing your Will and its contents with your executor and beneficiaries can help clarify your intentions and reduce the likelihood of disputes.

7. What is the difference between a Will and a living will?

A Will dictates the distribution of your assets after your death, while a living will (also known as an advanced healthcare directive) outlines your wishes regarding medical treatment if you become unable to communicate those decisions yourself.

Both are important components of a comprehensive estate plan.

For more frequently asked questions, read our new FAQ Guide on Making a Will in Ireland. Planning your estate is a significant task, but with the right information and guidance, it can be a smooth and reassuring process.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors

Conclusion: Planning for Your Family's Future

Making a Will is a big step in looking after your family’s future. It’s more than just filling out forms—it’s about making sure your wishes are followed and your loved ones are taken care of when you’re not around.

A Will helps you say exactly who should get what, from your house and savings to special items that mean a lot to you and your family. This way, you can avoid any confusion or arguments and make things easier for everyone.

We know talking about Wills and dealing with legal stuff can seem complicated. That’s why we’re here to help.

At Kevin O’Higgins Solicitors, we’re all about making the process straightforward and stress-free. We’ll listen to what you want, answer your questions, and make sure your Will does exactly what you need it to do. Whether you’re writing a Will for the first time or updating an old one, we’re here to guide you every step of the way.

Creating a Will is important for everyone, no matter what you own. It gives you peace of mind, knowing your family will be okay and that your wishes will be respected. If you’re thinking about making a Will or just want to talk about your options, get in touch with us.

Contact Kevin today to start planning for your family’s future. It’s one of the most caring things you can do for them.

Making a Will in Ireland: Tips for Protecting Your Family’s Future | Kevin O'Higgins Solicitors
How To Find The Right Solicitor When Making a Will (2024)

How To Find The Right Solicitor When Making a Will (2024)

Introduction: Making A Will In Ireland

The decision to draft a Will is a significant step towards safeguarding your legacy. It ensures your loved ones are cared for according to your wishes. In Ireland, the intricacies of probate law and estate planning can seem daunting. Therefore, the importance of enlisting the right legal expertise cannot be overstated.

This guide aims to simplify the process of finding a solicitor. They should not only possess the required legal skills but also align with your personal values.

Making a Will involves more than just listing your assets. Your Will is a reflection of your life’s work and your care for those you leave behind. Whether you’re looking to establish guardianship for your children, control the distribution of your estate, or minimise the potential for legal disputes, the right solicitor can make all the difference. 

However, the journey to finding this professional involves multiple steps. These include: a clear understanding of your needs; an appreciation for the role of a solicitor; and knowledge of the potential pitfalls of navigating this process without expert guidance.

“Do I Need Professional Help When Making A Will?”

The allure of drafting a Will independently can be strong. Most people are tempted by the thought of saving on legal fees. Yet, the potential consequences of a DIY Will often far outweigh the initial savings.

DIY Wills are fraught with risks. From simple errors that could invalidate the document to more complex legal misunderstandings that might lead to unintended disputes.

Professional solicitors bring a level of scrutiny and expertise that is crucial in drafting a legally sound document. They ensure that your Will complies with Irish law, reflects your wishes accurately, and considers the tax implications for your estate and beneficiaries. 

A well-drafted Will can prevent your loved ones from facing legal hurdles, costly litigation, or disputes that could strain family relationships in your absence.

Moreover, solicitors can provide invaluable advice on aspects of estate planning that you might not have considered. These areas cover effective ways to structure bequests, the appointment of executors and guardians, and how to handle complex assets.

Looking to address all potential issues and get peace of mind? Legal guidance is instrumental in creating a comprehensive estate plan.

What’s The Legal Process When Making A Will?

Understanding the legal landscape is crucial when making a Will in Ireland. The process is governed by specific requirements:

  • the testator must be over 18 and of sound mind;

  • the Will must be written, signed by the testator, and

  • witnessed by two independent individuals.

These legal stipulations ensure the document’s validity and enforceability.

Beyond these basics, several considerations come into play. Such considerations include the designation of executors—who will be responsible for administering your estate—and guardians for any minor children. The potential for inheritance tax, known as Capital Acquisitions Tax in Ireland, also requires careful planning.

A solicitor’s expertise is vital in navigating these complexities. They ensure your Will is not only legally compliant, but also structured to benefits your heirs according to your intentions.

How To Find The Right Solicitor When Making a Will (2024) | Kevin O'Higgins Solicitors

How To Find The Right Solicitor When Making A Will

Have you started the journey to find a solicitor for drafting your Will? Evaluating potential candidates becomes a pivotal step.

This evaluation is not merely about verifying credentials. It’s also about understanding the solicitor’s approach to handling your estate. Their communication style and commitment to tailoring their service to meet your unique needs are significant components.

Key Factors in Evaluation

Experience and Specialisation:

Look for a solicitor with extensive experience in Wills and estate planning. Specialisation in probate law is a clear indicator that they are well-versed. This level of expertise ensures they understand the nuances of drafting Wills and can navigate any complex legal issues.

Ask about their experience with estates similar to yours. Find out how they’ve addressed challenges in the past.

Communication and Clarity:

A solicitor’s ability to communicate complex legal concepts in simple, understandable language is crucial. During your initial consultations, pay attention to how they explain the process and answer your questions.

You want a solicitor who is responsive. They should also make you feel comfortable and confident in their ability to represent your interests. 

Client Reviews and Testimonials:

Research the solicitor or their firm online to find reviews and testimonials from previous clients. These insights can provide valuable information. Look out for their reliability, professionalism, and the quality of service.

While positive reviews are encouraging, pay attention to how the solicitor has addressed any negative feedback. This can be indicative of their commitment to client satisfaction. 

Questions to Ask When Selecting A Solicitor

When meeting with a solicitor, consider asking the following questions to gauge their suitability:

  • How long have you specialised in Wills and Probate?

  • Can you provide examples of how you’ve tailored your service to your clients?

  • What is your approach to estate planning and tax considerations in drafting a Will?

  • How do you charge for your services, and can you provide an estimate for drafting my Will?
How To Find The Right Solicitor When Making a Will (2024) | Kevin O'Higgins Solicitors

How Much Does A Will Cost?

The cost of drafting a Will can vary significantly. The cost is influenced by factors such as the complexity of your estate, the solicitor’s expertise, and the level of personalised service.

Understanding the fee structure and associated costs is essential for making an informed decision.

Fee Structures Explained

Flat Fees:

Many solicitors offer flat-fee arrangements for straightforward Wills. This fee structure is beneficial for its predictability. It allows you to know exactly how much the service will cost from the outset.

However, it’s important to clarify what is included in this fee. Find out whether there might be additional charges for more complex requirements.

Hourly Rates:

For more complex estates, solicitors may charge an hourly rate. Ask for an estimate of the hours needed to draft your Will. Discuss any factors that could affect this estimate.

Understanding the potential range of costs can help you budget accordingly.

Additional Services:

Inquire about the costs associated with additional services. For example, learn more about estate planning consultations, tax advice, or setting up trusts. These services can be integral to comprehensive estate planning but may incur additional fees.

Questions to Clarify Costs

  • Can you provide a detailed breakdown of your fees for Will-making services?

  • Are there any potential additional costs I should be aware of?

  • How do you handle changes or updates to the Will once it’s drafted?

How To Find The Right Solicitor When Making a Will (2024) | Kevin O'Higgins Solicitors

Matching Your Needs With The Right Solicitor

Finding a solicitor who you trust is as important as their legal expertise. Your solicitor should only understand the legal framework. They should also appreciate your personal circumstances, wishes, and the legacy you want to leave behind.

Personal Fit and Comfort:

Choose a solicitor who takes the time to understand your unique situation. Make sure they show genuine interest in achieving the best outcome for you and your beneficiaries. A good rapport and open communication lines are essential for ensuring your Will reflects your wishes.

Tailored Advice and Service:

Your estate and family dynamics are unique. The right solicitor offers tailored advice, considering all aspects of your life and how they impact your estate planning.

Whether it’s providing for minor children, addressing business interests, or navigating complex family situations, the solicitor should demonstrate a willingness to craft a Will that addresses these nuances.

Availability and Support:

Consider the solicitor’s availability to address your questions and provide updates during the process. A solicitor who is readily accessible and supportive can make the experience less daunting and more reassuring.

The Role of the Solicitor in Drafting Your Will

Choosing a solicitor to draft your Will is a decision that impacts many factors. It’s not just abut the legal validity of the document, but also how effectively it represents your intentions.

The role of a solicitor extends far beyond mere drafting. They serve as advisors, guides, and sometimes mediators. Their involvement ensures that your estate is managed and distributed according to your wishes.

Advisory Role on Legal and Tax Implications:

A proficient solicitor provides invaluable advice on the legal nuances and tax implications related to your estate.

This includes guidance on minimising potential inheritance tax through strategic planning and the use of exemptions and reliefs.

They can also advise on the legal mechanisms to address specific concerns. These include the care of a dependent with special needs or the management of overseas assets.

Customised Estate Planning Strategies:

Every individual’s situation is unique, requiring personalised estate planning. A skilled solicitor assesses your specific circumstances. These include family dynamics, business interests, and charitable inclinations. They can offer tailored strategies that align with your objectives.

This bespoke approach ensures that your Will comprehensively covers all aspects of your estate. As a result, it provides clarity and direction for the execution of your wishes.

Mediation and Conflict Resolution:

Solicitors often play a crucial role in mediating family dynamics and potential conflicts. They make sure your Will is structured in a way that minimises disputes among beneficiaries.

Their expertise in probate law allows them to anticipate issues that might arise. Therefore, they can suggest solutions that help maintain harmony within the family.

Updating Your Will: How To Protect Your Best Interests

Life is dynamic. Significant events such as marriage, divorce, the birth of children, or the acquisition of substantial assets need updates to your Will. These allow it to reflect your current wishes and circumstances. Understanding how to properly update your Will is crucial for maintaining its relevance and effectiveness.

Codicils for Minor Amendments:

For small changes or additions to your Will, a codicil can be used.

This document is legally binding. It must be signed and witnessed with the same formalities as the original Will. Codicils are useful for making straightforward amendments without the need to draft a new Will.

Revoking and Redrafting for Major Changes:

In cases of significant life changes, it may be more appropriate to revoke the existing Will and draft a new one. This ensures clarity and avoids any potential contradictions between documents.

The revocation must be explicit. It can be done by physically destroying the original document or by stating the intention to revoke the new Will.

Regular Reviews with Your Solicitor:

It’s advisable to review your Will periodically with your solicitor. This is crucial after major life events or changes in the legal landscape. These reviews provide an opportunity to reassess your estate planning strategy and make necessary adjustments. As a result, your Will can always reflect your current wishes and circumstances.

​​When making a Will, it’s easy for your intentions to be misinterpreted (especially without legal guidance). Listen to Kevin O’Higgins’ recent advice on drafting a will alongside an experienced solicitor.

How To Find The Right Solicitor When Making a Will (2024) | Kevin O'Higgins Solicitors

Kevin O’Higgins Solicitors: Create Your Will With Confidence

Writing a Will is a big decision. It’s how you ensure your belongings and savings go to the people you love after you’re gone. But in Ireland, making a Will can seem complex because of all the legal rules. That’s where having the right help makes a difference.

At Kevin O’Higgins Solicitors, we specialise in making the process easy to understand. We listen to what you want and work hard to make sure your Will matches your wishes.

Whether you’re setting up a new Will or updating an old one, we explain everything in simple terms & ensure you feel comfortable and confident about your decisions.

Kevin O’Higgins is skilled at organising the legal details, making sure your Will is clear and does exactly what you need it to do for your family.

Thinking about making a Will or have questions about where to start? Read our new FAQ guide on Making a Will in Ireland. Kevin O’Higgins Solicitors is dedicated to creating a Will that reflects your wishes accurately, offering security for what matters most to you.

For peace of mind through every step of the process, contact Kevin today. 

How To Find The Right Solicitor When Making a Will (2024) | Kevin O'Higgins Solicitors
Buying Property in Ireland (2024 Guide) + FREE 10-Step Checklist

Buying Property in Ireland (2024 Guide) + FREE 10-Step Checklist


As we step into 2024, the landscape of buying property in Ireland continues to evolve, presenting both exciting opportunities and unique challenges. The Irish property market remains open and inviting to everyone – Irish citizens, EU/EEA nationals, non-EEA nationals, and even those not residing in Ireland.


Remember: Owning property in Ireland does not automatically grant residency rights.


Whether you’re a first-time buyer, looking to upgrade, or an investor seeking to expand your portfolio, understanding the nuances of the Irish property market is crucial.


In this comprehensive guide, we delve into the key aspects of purchasing property in Ireland, from initial budgeting and financial planning to navigating the complexities of legal processes. We aim to equip you with the knowledge and confidence needed to make informed decisions in this dynamic market.


Buying a home is more than just a financial transaction; it’s a journey into a new chapter of life. With the right preparation and understanding, this journey can be both rewarding and exhilarating. Let’s embark on this adventure together & explore the essential steps to successfully buying property in Ireland.

Buying Property In Ireland | Kevin O'Higgins Solicitors

Preparing for Your Property Purchase

Determining Your Budget and Financial Planning

The first (and most critical) step in your property-buying journey is to establish a clear financial plan. This involves not only determining your budget for the purchase price but also accounting for all associated costs. These costs include mortgage fees, solicitor’s fees, insurance, and any potential renovation or decoration expenses. For guidance on tax liabilities when buying and selling property, read our latest Property Tax Playbook.


Begin by assessing your savings, potential mortgage amount, and any additional financial resources you have. It’s crucial to be aware of the Central Bank of Ireland’s mortgage lending rules. Typically, you’ll need a deposit of at least 10% of the property’s value.

Utilising tools like budget planners can help you understand your capacity for monthly mortgage repayments. Securing a mortgage pre-approval early in the process is wise. It clarifies your budget and strengthens your position as a buyer.

Initiating the Property Search

With a budget in hand, embark on the exciting journey of searching for your ideal property. The Irish property market in 2024 offers diverse options, from bustling city apartments to serene countryside homes. Consider factors like location, size, amenities, and potential for future value appreciation. Use various resources such as online property portals, real estate agents, and local networks to find suitable properties.

Additionally, consult the Residential Property Price Register for insights on past property prices in your area of interest. Paying attention to the Building Energy Rating (BER) and checking the Radon Risk Map are also essential steps to ensure the property meets energy efficiency and environmental safety standards.

Buying Property In Ireland | Kevin O'Higgins Solicitors

Surveying and Evaluating Your Property

The Importance of Professional Property Evaluation

Once you’ve found a property that captures your interest, the next crucial step is to have it professionally evaluated. This is particularly important in 2024, as the Irish property market continues to evolve with new building standards and regulations.


A professional evaluation not only uncovers any hidden issues, such as structural problems, dampness, or outdated electrical systems but also informs you about aspects that the seller is not obligated to disclose. This comprehensive understanding of the property’s condition is essential.


Hiring a qualified surveyor can provide you with a detailed report on the condition of the property. Such a survey helps highlight issues you may not have been aware of when you made your offer.


For example, if your surveyor finds that the roof needs to be replaced, you can change your offer to account for this or decide not to buy. This information is invaluable, not only for peace of mind but also as a potential negotiation tool. If significant issues are uncovered, you can use this information to renegotiate the price or request repairs before finalising the purchase.

Navigating the Evaluation Process

When arranging for a property evaluation, ensure that you choose a surveyor with a strong reputation and relevant experience in Irish property, as recommended by professional bodies like the Society of Chartered Surveyors Ireland (SCSI). They should be able to provide a comprehensive assessment covering all aspects of the property, from the foundation to the roof.


Remember, the cost of this evaluation is a smart investment in your future home. It can save you from unexpected expenses and complications down the line. Once you have the evaluation report, review it thoroughly and discuss any concerns with your solicitor or real estate agent.

Buying Property In Ireland | Kevin O'Higgins Solicitors

Understanding the Legal Process: Sale Agreed vs. Legal Sale

Navigating from 'Sale Agreed' to a Legally Binding Sale

In the Irish property market, reaching a ‘Sale Agreed’ status is a significant milestone, but understanding its true meaning is crucial. ‘Sale Agreed’ indicates that the seller has accepted your offer, but at this stage, it’s not legally binding. It represents an agreement in principle, with both parties still able to back out without any legal consequences.


The transition from ‘Sale Agreed’ to a legally binding sale happens when both parties sign the contract for sale. This critical step formalises the agreed terms, including the sale price and any conditions, in a legal document. Once this contract is signed by both you and the seller, it becomes legally binding, committing both parties to the transaction.

The Role of Your Solicitor When Buying Property

At this stage, the expertise of your conveyancing solicitor is invaluable. They play a key role in guiding you through the contract, ensuring that you fully understand all its terms and conditions. Your solicitor will also perform thorough checks on the property, including title verification and confirming that there are no outstanding legal issues that could impact your purchase.

Struggling to find the perfect property solicitor for your transaction? Read our 2024 guide on Finding the Right Property Solicitor (Without Breaking the Bank).


It’s essential to approach this phase without haste. Take time to address any queries or concerns before legally committing to the contract. Once signed, this contract marks your journey towards legal ownership of the property, paving the way for the final steps in your property purchase.

Buying Property In Ireland | Kevin O'Higgins Solicitors

Navigating Title Situations in Irish Property Law

Understanding Different Types of Property Titles

When buying property in Ireland, it’s crucial to comprehend the concept of ‘title’ – the legal right to own, use, and dispose of property. There are mainly two types of property titles in Ireland: Freehold and Leasehold. A Freehold title means you own the property and the land it stands on outright. In contrast, a Leasehold title typically implies ownership of the property for a set period, often in cases of apartments or leasehold houses with long leases.


Your solicitor plays a vital role in verifying the title of the property. They ensure that the seller has the legal right to sell the property and that there are no restrictions, debts, or other rights against it. This verification process is essential for understanding who really owns the property and whether there are any outstanding debts or encumbrances on it.

The Solicitor’s Role in Title Verification

Title verification is a critical part of the property-buying process. Your solicitor will thoroughly examine the deeds to the property, confirming that everything is in order. They will check for any liens, charges, or encumbrances that might affect your ownership rights.


For Leasehold properties, your solicitor will review the lease terms to ensure they are favourable and that the lease duration is sufficient. For Freehold properties, they will verify that there are no issues that could impact your full ownership rights. Understanding the title situation is not merely a legal formality; it’s about securing your investment and your future in the property. This step is essential to ensure that you face no unexpected legal challenges after your purchase.

Buying Property In Ireland | Kevin O'Higgins Solicitors

The Critical Role of Planning Permission

Ensuring Compliance with Local Planning Laws

In Ireland, planning permission plays a pivotal role in property ownership, especially when considering any alterations or extensions to the property. It’s crucial to verify that any previous modifications to the property had proper planning permission, as this step is about safeguarding your investment and avoiding future legal complications, not just fulfilling a bureaucratic requirement.


Your conveyancing solicitor will be instrumental in this process. They will check for any planning permissions associated with the property, ensuring that extensions, conversions, or significant alterations have been legally carried out and approved by the local authorities. This includes checking for things like unauthorised additional buildings, extensions, or attic conversions.

Potential Issues and Their Impact

The absence of proper planning permission can lead to severe complications. It could affect your ability to sell the property in the future and might even require you to reverse unauthorised alterations at your own expense. This is particularly critical for properties that have undergone significant changes or expansions.


Moreover, if you have plans for future renovations or expansions, understanding the local planning regulations is essential. It helps assess the feasibility of your plans and ensures that any developments you undertake will adhere to local building codes and regulations, guaranteeing safety and compliance.


By ensuring the planning permission is in order, you protect yourself from potential legal and financial issues down the line. This is not just a legal formality but a crucial step in securing your investment and your future in the property.

Buying Property In Ireland | Kevin O'Higgins Solicitors

The Contract for Sale: Your 3-Step Guide

Understanding the Contract for Sale

The contract for sale is a crucial document in the property-buying process in Ireland, legally binding both the buyer and the seller to the terms of the sale. This document comprehensively outlines the specifics of the sale, including the agreed-upon price, property description, any included fittings or contents, and any special conditions.


Reviewing and understanding every aspect of this contract is vital. Your solicitor plays a critical role in this process, helping you navigate legal jargon and ensuring your interests are protected. They will scrutinise the contract for any unusual or burdensome clauses that could impact your ownership or usage rights of the property.

Key Considerations Before Signing

Before signing the contract for sale, ensure that:


  • All your queries and concerns about the property are addressed.
  • You fully understand your legal obligations and rights as detailed in the contract.
  • Conditions of sale, such as repairs or modifications by the seller, are explicitly stated.
  • The completion date and property handover terms are clear and agreed upon.


Once you sign the contract and pay the deposit, you become legally committed to the purchase. Breaching the contract at this stage can lead to serious legal and financial consequences.

The Role of Your Solicitor in Finalising the Sale

Your solicitor will collaborate with the seller’s solicitor to finalise the contract. They ensure all necessary steps are taken, including securing your mortgage funds and preparing for the property transfer. This coordination is critical for a smooth transition and completion of the sale.


Finalising the contract for sale signifies the final stages of your property-buying journey, leading to the moment when you take ownership of your new home in Ireland.

Buying Property In Ireland | Kevin O'Higgins Solicitors

Dealing with Bridging Funds and Financial Transitions

Understanding Bridging Funds in 2024

The dynamics around bridging loans, traditionally used to cover the financial gap between buying a new property and selling an existing one, have significantly evolved in Ireland as of 2024. It’s vital for buyers, particularly those engaged in simultaneous buying and selling, to understand the current state of these financial tools.


The availability and conditions of bridging loans can vary, influenced by market conditions and lending policies, making consultation with financial advisors or mortgage brokers crucial.

Managing Simultaneous Sale and Purchase

Navigating the simultaneous sale of one property and the purchase of another can be complex and demanding. Key considerations in this process include:


  • Planning Your Finances: A clear understanding of your financial situation is crucial, especially considering the equity in your current home and the funds needed for the new purchase.


  • Coordinating Timelines: Working closely with your real estate agent and solicitor is vital to synchronise the timelines of both transactions as efficiently as possible.


  • Considering Temporary Housing: If there is a gap between the sale and purchase completion dates, arranging temporary housing might be necessary.

Preparing for Financial Transitions

Transitioning from one property to another requires careful financial planning. This includes considering various costs like stamp duty, solicitor fees, moving expenses, and potential immediate renovations or furnishings for your new home.


A detailed financial plan and a contingency budget are instrumental in managing these expenses. Your financial advisor or solicitor will play a crucial role in preparing this plan, ensuring you are financially equipped for every step of your property-buying journey.

Buying Property In Ireland | Kevin O'Higgins Solicitors


Your Path to Buying Property in Ireland

In conclusion, it’s evident that the 2024 property-buying process in Ireland, while intricate, is immensely rewarding. From initial financial assessments and detailed property evaluations to understanding the intricacies of legal documentation and keeping abreast of the latest market conditions, each stage plays a pivotal role in securing your dream home or investment.


Purchasing property is not just a financial endeavour; it represents a significant life milestone. Whether you’re stepping onto the property ladder for the first time, seeking an upgrade, or diversifying your investment portfolio, the essence lies in careful planning, informed decision-making, and seeking appropriate guidance.


It’s important to remember that this guide serves as a roadmap; individual experiences may vary. The assistance of experienced professionals – conveyancing solicitors, financial advisors, and estate agents – cannot be overstated. Their expertise will provide bespoke solutions and insights, making your property acquisition journey as smooth as possible.

At Kevin O’Higgins Solicitors, we work alongside industry experts to help you avoid potential challenges during your property transaction. If you’re looking for more guidance on buying property in Ireland, follow us on LinkedIn and contact Kevin today.

    Buying Property In Ireland | Kevin O'Higgins Solicitors

    Buying Property in Ireland: Your 10-Step Guide (2024)

    1 – Establish Your Budget

    • Include mortgage, fees, insurance, and additional costs.
    • Use budget planning tools to understand your financial capacity.


    2 – Secure Mortgage Pre-Approval

    • Clarify your budget and strengthen your position as a buyer.


    3 – Select a Conveyancing Solicitor

    • Choose a solicitor with experience in property law to guide you through legal processes.


    4 – Search for the Right Property

    • Consider location, size, amenities, and future value.
    • Utilise online portals and check the Residential Property Price Register.


    5 – Arrange a Property Evaluation

    • Identify potential issues not disclosed by the seller.
    • Consider the Building Energy Rating (BER) and Radon Risk Map.


    6 – Understand ‘Sale Agreed’ vs. Legal Sale

    • Know the difference and the implications of each stage in the buying process.


    7 – Check Property Title and Ownership

    • Ensure there are no legal issues or encumbrances with the property.


    8 – Verify Planning Permission Compliance

    • Ensure all modifications and extensions are legally compliant with local planning laws.


    9 – Review and Sign the Contract for Sale

    • Understand all terms and conditions before committing.
    • Ensure any special conditions are clearly stated.


    10 – Plan for Financial Transitions and Bridging Funds

    • Manage the sale of your current property and the purchase of the new one.
    • Consider temporary housing if necessary and coordinate timelines.

    Buying Property In Ireland | Kevin O'Higgins Solicitors
    Selling Property in Ireland (2024 Guide) + FREE 10-Step Checklist

    Selling Property in Ireland (2024 Guide) + FREE 10-Step Checklist


    Overview of Selling Property in Ireland

    The Irish property market has always been dynamic, but as we step into 2024, it’s more vibrant and challenging than ever. If you’re selling property in Ireland, you’re embarking on a journey that, while potentially lucrative, is laden with nuances and intricacies specific to this period.


    In this comprehensive guide, we’ll navigate you through the latest trends, legal requirements, and market strategies to ensure you’re well-equipped for a successful sale. For a detailed overview of purchasing property in 2024, read our latest article on Buying Property in Ireland (2024).

    Key Changes and Trends in the Current Market

    As the world continues to adapt to the aftermath of global shifts and local market fluctuations, the Irish property landscape is no exception. We are witnessing some key changes that are reshaping how property transactions are conducted.

    From evolving buyer preferences due to remote working trends to the increasing importance of sustainable living features in homes, understanding these trends is crucial for any seller looking to maximise their property’s appeal and value.


    In the following sections, we’ll delve into each aspect of the selling process, providing you with the knowledge and tools necessary to master the Irish property market in 2024.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Deciding Between Auction and Private Treaty Sale

    Understanding the Differences

    When selling property in Ireland, one of the first decisions you’ll face is choosing between an auction and a private treaty sale. Each method has its own set of advantages and challenges, and the right choice depends heavily on your specific circumstances, including the type of property you’re selling, the current market conditions, and your personal timeline.


    • Auction: This method can be particularly effective in a seller’s market where demand outstrips supply. It involves setting a date for the auction and inviting potential buyers to bid. The competitive nature of auctions can sometimes lead to higher sale prices, especially for unique properties that might attract more interest.

    • Private Treaty Sale: This is a more traditional approach, where you list your property at a set price, and potential buyers make offers through your estate agent. This method offers more control and flexibility, as you can negotiate terms and prices directly with buyers.

    Pros and Cons of Selling Property in 2024

    • Auction Advantages: In a buoyant market with rising property values, auctions can capitalize on buyer competition. They also offer a quicker sales process, as the sale is legally binding as soon as the hammer falls.


    • Auction Disadvantages: The downside is the risk of the property not meeting its reserve price, and the often higher marketing costs associated with attracting a wide range of bidders.


    • Private Treaty Advantages: This method provides more time for consideration and negotiation, which can be beneficial in a more balanced or buyer’s market. It also allows for conditional offers, such as those subject to financing or the sale of another property.


    • Private Treaty Disadvantages: The process can take longer, and there’s always the risk of a sale falling through due to contract contingencies.


    In the next sections, we will explore more details about finding the right professionals to assist in your sale, and the legal and practical considerations of each selling method.

    Selling Property in Ireland | Kevin O'Higgins Solicitors

    The Importance of Finding the Right Solicitor

    Role of Solicitors in Property Transactions

    In the intricate world of property sales, the role of a solicitor cannot be overstated. A proficient solicitor is not just a legal advisor but also a crucial ally in navigating the complexities of property law, ensuring that every aspect of the sale is legally sound and in your best interest.


    In Ireland, a solicitor’s involvement is vital for preparing and reviewing contracts, handling legal queries, managing the transfer of deeds, and ensuring compliance with all statutory obligations. 


    It’s essential to appoint a solicitor at the beginning of the selling process. They are responsible for requesting and handling the title deeds, a process that can take several weeks.

    Tips for Choosing a Solicitor Specialised in Property Law

    When selecting a solicitor for your property sale in 2024, consider the following criteria to make an informed decision:


    Experience and Specialisation: Look for a solicitor who specializes in property law and has a proven track record in handling property transactions. Experience in your specific type of property and location can be invaluable.


    Local Knowledge: A solicitor with local market knowledge can provide insights that are crucial for a smooth transaction. They understand the specific legal requirements and market trends in your area.


    Communication and Accessibility: Choose a solicitor who is readily accessible and maintains open lines of communication. Regular updates and clear explanations of legal terms and procedures are essential for a stress-free sale process.


    Recommendations and Reviews: Referrals from friends or family members who have recently sold property can be a reliable source. Additionally, online reviews and testimonials can provide insight into the solicitor’s reputation and client satisfaction.


    Fee Structure: Understand their fee structure upfront to avoid any surprises. A transparent and fair pricing policy is a sign of a trustworthy professional.

    In the ever-evolving landscape of Irish property law, having a skilled solicitor by your side can be the difference between a smooth transaction and a complicated one. Your solicitor will guide you through each step, ensuring all legalities are meticulously handled.

    For more guidance on finding an experienced legal professional for your property sale, read our 2024 guide on Finding the Right Property Solicitor (Without Breaking the Bank).

    Selling Property in Ireland | Kevin O'Higgins Solicitors

    Drafting an Effective Contract for Sale

    Essential Elements of a Property Sale Contract

    Drafting a robust contract for the sale of property in Ireland is a critical step that lays the foundation for a successful transaction.


    This legal document outlines the terms and conditions of the sale, and it must be meticulously prepared to protect the interests of all parties involved. 


    Key elements include:


    • Identification of Parties: Clearly stating the names and details of both the buyer and seller.


    • Description of the Property: A detailed description of the property, including its address, boundaries, and any pertinent physical attributes.


    • Sale Price and Payment Terms: The agreed-upon sale price and the terms of payment, including any deposit required.


    • Closing Date and Possession Details: Specify the date of completion and the conditions for transferring possession of the property.

    • Contingencies and Special Conditions: Any conditions that must be met before the sale can be finalised, such as a satisfactory home inspection, mortgage approval for the buyer, or specific repairs that need to be completed.

    Legal Considerations for Selling Property in 2024

    In 2024, several legal considerations have become increasingly significant in the drafting of property sale contracts in Ireland:


    • Regulatory Compliance: Ensuring that the contract adheres to the latest regulatory requirements, including consumer protection laws and data privacy regulations.


    • Environmental and Building Regulations: With growing emphasis on sustainability, compliance with environmental standards and building regulations is crucial. Ensure your property’s Building Energy Rating (BER) is updated. A favourable BER can significantly enhance your home’s marketability, reflecting its energy efficiency.


    • Technology Clauses: As digital transactions become more prevalent, incorporating terms related to electronic signing and virtual document handling might be necessary.


    • Brexit Implications: For properties that may be affected by Brexit, particularly those near border areas, specific clauses addressing potential legal and economic implications should be considered.


    A well-drafted contract is the cornerstone of a successful property sale. It minimises potential disputes and provides clarity and security for both the buyer and the seller.


    In this evolving legal landscape, the expertise of a knowledgeable solicitor is indispensable in ensuring that your contract is comprehensive, current, and legally sound.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Setting the Right Price in Today's Market

    Strategies for Accurate Property Valuation

    In 2024, setting the right price for your property in Ireland is more than just about attracting potential buyers; it’s about striking a balance between market trends and the true value of your home. An accurate valuation is key to a successful sale.


    Here are some strategies to consider:


    • Market Analysis: Conduct a thorough analysis of recent sales of similar properties in your area to understand the current market value.


    • Professional Appraisal: Consider getting a professional appraisal to get an unbiased estimate of your property’s worth.


    • Consider Unique Features: Unique aspects of your property, such as recent renovations, energy efficiency upgrades, or a desirable location, can influence its valuation.


    • Economic Factors: Keep an eye on broader economic factors, such as interest rates, employment rates, and overall economic health, which can affect property prices.

    Use the Property Price Register as a resource to understand the recent selling prices of similar properties in your area. This can help you set a realistic and competitive asking price.

    Impact of Market Trends on Pricing

    The Irish property market in 2024 continues to evolve, influenced by various factors:


    • Supply and Demand: In areas with high demand and low supply, you might be able to set a higher price. Conversely, in markets with a surplus of listings, competitive pricing is crucial.


    • Remote Work Trends: Properties with features conducive to remote work, such as extra space or a home office, may fetch higher prices due to changing work patterns.


    • Sustainability Trends: Increasing awareness of environmental issues has heightened interest in properties with green features, which can be a selling point.


    Setting the right price is a delicate balance of understanding the intrinsic value of your property, the current market conditions, and the potential buyers’ expectations. A price that reflects the true worth of your home while remaining attractive to buyers is key to a successful sale in 2024.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Working with a Real Estate Agent

    The Benefits of Professional Assistance

    In the ever-changing landscape of the Irish property market, enlisting the services of a real estate agent in 2024 can be invaluable. Here’s why:


    • Market Knowledge: Agents have their fingers on the pulse of the current market trends, pricing, and buyer behaviours, which can be critical in positioning your property effectively.


    • Marketing and Exposure: They have access to a wide range of marketing tools and platforms, ensuring your property gets maximum exposure to the right audience.


    • Negotiation Skills: Experienced agents can handle negotiations with potential buyers to secure the best possible sale price and terms.

    • Handling Paperwork: They can manage the extensive paperwork, making the process smoother and less stressful for you.

    How to Choose the Right Agent when Selling Property

    Selecting the right real estate agent is a crucial decision. Consider the following when making your choice:


    • Experience and Track Record: Look for an agent with a strong track record of selling properties similar to yours. Their experience in your specific area and type of property can greatly influence the sale.


    • Communication and Approach: Choose an agent whose communication style aligns with yours. Regular updates and transparency are key to a successful partnership.


    • Marketing Strategy: Discuss how they plan to market your property. Ensure their approach is modern, utilizing digital marketing tools and social media platforms effectively.


    • Fees and Contract Terms: Understand their fee structure and the terms of the contract. Ensure there are no hidden costs and that their fees are competitive and fair.


    In 2024, with advancements in technology and changes in buyer preferences, the role of a real estate agent has evolved. Choosing an agent who is tech-savvy and adaptable to the latest market trends can give your property a significant advantage.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Simultaneously Buying and Selling Property in Ireland

    Managing Concurrent Property Transactions

    Navigating the process of buying a new home while selling your current one in 2024 can be a challenging yet common scenario for many homeowners in Ireland.


    This process requires careful planning and coordination to ensure both transactions align smoothly. Here are some key considerations:


    • Timing and Coordination: The key to successfully managing both transactions is synchronization. Work closely with your solicitor and real estate agent to align the timelines for selling your current property and buying the new one.


    • Financial Planning: Understand your financial position, considering the equity in your current home and how it will affect your purchasing power and mortgage requirements for the new property.

    • Contingency Clauses: Consider including contingency clauses in both the buying and selling contracts. These clauses can protect you if either transaction faces unexpected delays or falls through.

    Challenges and Solutions in 2024

    • Market Fluctuations: The property market in 2024 can be unpredictable. Stay informed about market trends and be prepared for shifts that could affect property prices and availability.


    • Bridging Loans: While traditional bridging finance options are less common now in Ireland, explore alternative short-term financing solutions to cover the interim period between buying and selling.


    • Rent-Back Agreements: In cases where your new home is not ready, consider negotiating a rent-back agreement, where you can rent your sold property from the new owners for a short period.


    Managing the sale of one property and the purchase of another simultaneously demands a delicate balancing act. It’s crucial to have a clear strategy, remain flexible, and work with experienced professionals who can guide you through these concurrent transactions.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Understanding Taxes and Fees in Property Sales

    Overview of Stamp Duty and Capital Gains Tax

    In 2024, sellers in the Irish property market must have a clear understanding of the taxes and fees that apply to property transactions. Two key taxes to consider are:


    • Stamp Duty: This is a tax paid on the transfer of property. The rate of stamp duty varies depending on the property type and value. It’s vital to consult with your solicitor or a tax expert to understand the exact amount you’ll be liable for.

    • Capital Gains Tax (CGT): If you’re selling a property that is not your main residence, you may be subject to CGT on the profit (the difference between the purchase price and the selling price). The rate of CGT can change, so it’s important to check the current rate and exemptions that may apply to your situation.

    Navigating Other Financial Obligations

    Apart from these taxes, there are other financial aspects to consider:


    • Solicitor’s Fees: These vary depending on the solicitor and the complexity of the transaction. Get a clear outline of the costs involved before you start.


    • Estate Agent’s Commission: If you’re using an estate agent, factor in their fees, which are usually a percentage of the sale price.


    • Other Costs: These can include surveyor’s fees, costs for any necessary repairs or upgrades, and marketing expenses if you’re selling the property yourself.

    It’s important to factor in these costs early in the selling process to avoid any surprises and ensure a realistic understanding of the net proceeds from your property sale. A detailed discussion with your solicitor and financial advisor can provide clarity and assist in effective financial planning. For more guidance on tax liabilities when buying and selling property in Ireland, read our latest Property Tax Playbook.

    Selling Property In Ireland | Kevin O'Higgins Solicitors

    Navigating the Sale: From 'Sale Agreed' to 'Sold'

    The Legal and Practical Steps Involved

    Once you’ve agreed on a sale, navigating the journey from ‘Sale Agreed’ to ‘Sold’ is critical. This phase involves several key steps:


    • Signing the Contract: After agreeing on the sale terms, both parties sign the contract for sale. This document is legally binding and sets out the conditions of the sale, including the price, closing date, and any other relevant terms.


    • Exchange of Contracts: The exchange of contracts marks the point at which the sale becomes legally binding. The buyer typically pays a deposit at this stage.


    • Closing the Sale: The closing date is when the remaining balance of the purchase price is paid, and the property ownership is transferred to the buyer. Your solicitor will handle the legalities of this process, ensuring all necessary documents are correctly signed and filed.


    • Post-Sale Requirements: After the sale, there may be additional requirements, such as submitting a Capital Gains Tax return or addressing any post-closing queries.

      Ensuring a Smooth Transition to Sale Completion

      To ensure a smooth transition:


      • Stay Informed: Keep in regular contact with your solicitor and estate agent to stay updated on the progress of your sale.


      • Prepare for Contingencies: Have a plan in case of delays or issues. For example, if the buyer encounters mortgage approval problems, understand your options.


      • Closing Documentation: Ensure all necessary documentation for the property, such as guarantees for any work done or planning permissions, is in order and readily available.


      The period between ‘Sale Agreed’ and ‘Sold’ can be tense, but with proper preparation and the guidance of experienced professionals, it can proceed smoothly, leading to a successful conclusion of your property sale.


      Selling Property In Ireland | Kevin O'Higgins Solicitors


      Selling a property in Ireland in 2024 comes with its unique set of challenges and opportunities. From understanding the latest market trends to navigating complex legal requirements, the process demands careful planning and informed decision-making. Whether you choose to sell via auction or private treaty, the importance of setting the right price, and the invaluable assistance of experienced solicitors and real estate agents are key elements that can significantly impact the success of your sale.


      We hope this guide has provided you with valuable insights into mastering the Irish property market in 2024. Selling your property is a significant undertaking, and being well-prepared is the first step towards a successful transaction.


      If you have any questions, require further information, or wish to share your experiences, please do not hesitate to get in touch with us. Your feedback and stories are not only welcomed but essential in creating a community of informed property sellers in Ireland.

      Remember, whether you’re navigating the complexities of simultaneous buying and selling, figuring out the tax implications, or simply preparing your property for the market, you’re not alone. Reach out to Kevin O’Higgins for professional advice tailored to your unique situation and to ensure your 2024 property journey is as smooth and successful as possible.


      Selling Property In Ireland | Kevin O'Higgins Solicitors

      Selling Property in Ireland: Your 10-Step Guide (2024)

      1 – Assess Your Property’s Value

      • Evaluate market trends and property prices in your area.
      • Consider a professional valuation for an accurate estimate.


      2 – Prepare Your Home for Sale

      • Enhance curb appeal and carry out necessary repairs.
      • Stage your home to appeal to potential buyers.


      3 – Choose the Right Selling Method

      • Decide between auction and private treaty based on your property and market conditions.
      • Understand the pros and cons of each approach.


      4 – Select a Skilled Real Estate Agent

      • Find an agent with experience in your area and property type.
      • Review their marketing strategies and sales records.


      5 – Consult a Conveyancing Solicitor

      • Engage a solicitor experienced in property law to handle legal aspects.
      • Prepare necessary documentation and title deeds.


      6 – Set an Appropriate Asking Price

      • Price your property competitively based on market analysis and valuation.
      • Be open to negotiations while aiming for the best possible deal.


      7 – Market Your Property Effectively

      • Utilise online listings, social media, and traditional advertising.
      • Highlight unique features and selling points of your property.


      8 – Manage Viewings and Open Houses

      • Organize and schedule property viewings effectively.
      • Present your property in the best light during open houses.


      9 – Navigate Offers and Negotiations

      • Review offers carefully and negotiate terms.
      • Understand the implications of ‘Sale Agreed’ and move towards a legally binding sale.


      10 – Finalise the Sale

      • Review and sign the contract for sale.
      • Coordinate with your solicitor for the closing process and transfer of ownership.
      • Plan for any financial transitions, including paying off mortgages and handling proceeds.
      Selling Property In Ireland | Kevin O'Higgins Solicitors