“Everybody should have a will, and especially if they want to make any special provisions for a son or daughter with special needs or even if they want to leave more to one child than another,” says solicitor Roderick Tyrrell of Tyrrell Solicitors in Dublin (www.lawyer.ie).

In most cases, according to Tyrrell, parents divide property equally between children, although there’s always someone who’s not happy with the outcome. “It’s not unusual to have a dispute over a will. Interestingly, most adult children don’t realise that their parents don’t have to leave them anything,” explains Tyrrell.

However, disgruntled children are entitled to appeal a will under Section 117 of the Succession Act. Tyrrell says that the court will take all factors into account, including the amount of the inheritance, and the age and financial position of the adult child taking the action.

The only case in which a child cannot appeal a will is where they have been found guilty of an offence punishable by two years’ imprisonment or more against the deceased, their spouse or any of their children.

“Some parents choose to leave more to one member of the family, and that is their legal right. One child might have a disability or another might have looked after them. However, people over 70 who want to change a will… should be aware that they’ll need a medical certificate from a doctor to prove they are making the decision in sound mind. If they don’t have a doctor’s cert, the will can be appealed,” he explains.

Tyrrell, who deals with a lot of older clients, warns against DIY wills. “A will can certainly be written on a plain piece of paper, but a lot of people buy printed wills and don’t realise they are actually British wills, where the procedure is different,” he says.

“If people are married, they should always have two wills in the event that they die together in an accident or die within a short time of each other.”

If a testator (the person making the will) is married, he or she must make proper provision for their spouse. If there are no children, a surviving spouse has a right to half the estate, including the family home. If there are children, the surviving spouse has a right to one-third of the estate.

What to include in a will:

• The testator’s name and address
• A clause appointing at least one (but preferably two or more) executors
• A list of devises (gifts of real property)
• A residuary clause, disposing of the remainder of the estate
• The date
• The attestation clause or testimonium, (statement by the witnesses that this is the last will and testament of the testator signed in their presence)