It's unlikely young people in Ireland have 'making a Will’ as a priority in their lives.
Only around one third of Irish adults have made a formal Will, meaning most people don’t have one.
But is it something young people should be considering?
Contrary to popular opinion, making a will is not morbid, it is about being prepared, according to Joanne Leetch, Senior Associate Solicitor at Callan Tansey Solicitors.
"It is so important for young people to make Wills, even a basic one is sufficient, it’s about control, clarity and care for those you leave behind," she said.
The process is not just about ensuring your possessions are distributed according to your wishes.
It is also important for other decisions that need to be made after someone dies.
Who and how can you make a Will?
Anyone over 18 can make a Will, or if they have been married.
Whether a person makes it themselves or hires a solicitor, the Will must be in writing to make it valid.
It must be signed in the presence of two witnesses.
The witnesses must also sign the document in a person’s presence.
For the Will to be valid they must also be of sound mind, or in the eyes of the law have the mental capacity to make it.
What is the best age to make a Will?
There is no set age to make a will, but it should be made once a person acquires assets, gets married, or has young children.
Assets could mean when someone has bought a house, but it could also refer to less expensive items such as a car or a bank account.
Elaine Byrne of Elaine Byrne Solicitors who specialises in Wills and Probate highlighted that an ‘asset’ can be widely defined.
She recalled a young client who called to her office, he didn’t have a house or a child, but he had built up a collection of Pokémon cards and other memorabilia.
She said he was very specific that he wanted same to pass to his partner, not his parents.
"His parents were separated and no contact with his Dad and he was fundamentally opposed to his Dad having any benefit or part in his estate should anything happen," said Ms Byrne
"He made a will, appointed his mother as executor, his collection to his partner and anything else to his sister."
A person can update their will as many times as they wish up until the date of death.
Each time a will is updated, it automatically revokes any prior wills made.
Why should young people make a Will?
The advice from the experts is that young people should "most certainly" make a will.
Making a Will makes it easier for loved ones if something unexpected happens.
Citizens Information advises that when you die, your possessions are called your ‘estate’.
It explains that a ‘testator’ is a person who writes a will, if you die without leaving a will, you die ‘intestate’.
"Anyone who owns property or has a child should make a Will," advises Wills expert Elaine Byrne.
"If a young person or any person owns property and does not have a Will, then the Rules of Intestacy, Succession Act 1965 will apply, so anything held in the persons sole name will pass to that person," she said.
"Typically for a young person the person entitled under these Rules of Intestacy will be the persons parents. Perhaps this is what they want but maybe they would prefer anything to pass to a partner, boyfriend, girlfriend or sibling etc."
Assets including houses, apartments, land, car, bank account, investments jewellery and so on, all need to be accounted for after someone dies.
If the person known as ‘the testator’ wants specific people to receive specific items, they need to put those instructions in their Will.
"It also provides protection for Partners, in the event that you are not legally married, a cohabitee is not automatically entitled to any share in their deceased partner’s estate, unlike a spouse," explained Solicitor Joanne Leetch.
"In the context of young children, a will lets you appoint trustees/testamentary guardians who are charged with the care and maintenance of minor children. Trustees are tasked with looking after the assets in the estate until such time as they can be transferred to the minor beneficiaries (usually on them reaching the age of 21 years)," she added.
Another reason to make a will is to appoint an executor, this is the person who makes all decisions including burial or cremation, sorts out personal items and a good executor will avoid any hassle.
A Will can also be useful in tax planning and can be drafted to optimise any tax reliefs and exemptions.
Is it time consuming or costly to make a Will?
There is no set cost for making a will, fees can vary from solicitor’s office to office but generally range from €150 - €250 plus Vat for a standard Will.
Shopping around can help you get the best price, in the past some solicitor’s offered a free will with the purchase of a house so it’s always worth asking.
Making a Will is a relatively quick process, especially for a young person as they are less likely to have as many assets as an older person.
Anyone can make a Will themselves without the necessity for a solicitor.
It should be signed by the young person in the presence of two witnesses, and the witnesses cannot benefit under the terms of the will.
If you choose to use a solicitor there is generally an initial consultation with them to discuss the making of a will or give instructions, followed by a second meeting for the signing of the Will.
"It is better I think to get legal advice and ensure it is done correctly," said Wills expert Ms Byrne.
"There will be a record of the Will and generally the original is held with the solicitor and a copy given to the client."
What problems can arise after your death if you don't have a will?
Some people might have an idea of how they would like to be celebrated after their death, but without a Will to indicate wishes in relation to burial or cremation or the type of funeral they would like it will be left to other people to make these decisions.
When it comes to assets, if there’s no overseer and no instructions have been set out, potential disputes or delays with estates can arise.
For example, if a young person dies without a Will, and has few assets, but is survived by their parents who are estranged, both parents have equal entitlement to make all decisions.
They could end up disagreeing over every little thing down to clothes, collections and so on.
While it is not a monetary problem, it makes things more difficult.
Where there are significant assets involved, it can get more complicated.
If a person who is separated dies, the law does not distinguish between a loved up married couple and a couple who are separated but not legally.
In the event that a person who is married and has children and dies without having made a will, then the surviving spouse is entitled to two thirds of the estate, with one third to be divided between the children.
A lot of people are not aware of this and assume that the surviving spouse will inherit the entire estate, which is not the case.
These are just some of the issues that can crop up while many can be unique to an individual’s circumstances or assets.
Do enough young people in Ireland have Wills?
The experts say no.
"I think for a younger person it is just not something they consider. I don’t think a younger person necessarily has any difficulty making one, they just have not considered it and it’s not a priority," said Wills expert Elaine Byrne
"But it is easier for those left behind if there is a Will," she advised.
They also feel there is a misconceived perception that Wills are something only older people need to concern themselves with.
"I feel that younger people do not want to consider their own mortality and feel that it is "morbid" to discuss what is to happen their estate in the event of their death. There is definitely a sense of discomfort with the topic," noted Solicitor Joanne Leetch.
"Unfortunately, with the increasing rise of sudden deaths of younger people in Ireland, Wills are something which should be considered and actioned," she added.
Ms Leetch believes with the cost-of-living crisis some young people see Wills as a low priority and that it might be too expensive for them.
She would encourage the introduction of incentive schemes, potentially in the workplace, for younger people to make wills.
