Is Your Family Home Putting Your Will at Risk? What Every Irish Property Owner Needs to Know

Mullins Treacy LLP Solicitors – Waterford, Ireland

Introduction

At Mullins Treacy LLP Solicitors, we have been helping families in Waterford, Kilkenny and Tipperary protect what matters most to them for many years. And in recent times, one trend has become impossible to ignore – more and more families are finding themselves in conflict over property when a loved one passes away.

Ireland’s soaring property values mean that the family home is often the most valuable thing a person will ever own. When a will fails to reflect that reality, or when no will exists at all, the consequences for families can be deeply painful and costly.

The good news is that with the right legal guidance, these situations are almost always preventable.

Why Property Values Are Changing Everything

When we sit down with clients to discuss their estates, we are regularly dealing with family homes worth €350,000, €400,000 or more, sometimes significantly higher in desirable areas. A generation ago, the same properties might have been worth a fraction of that. This shift matters enormously when it comes to inheritance.

The higher the value of an estate, the higher the stakes for everyone involved. We have seen first-hand how a family that has always got along perfectly well can fracture under the pressure of dividing a high-value estate – particularly when the will is unclear, out of date, or simply doesn’t exist. What might once have been a straightforward conversation between siblings can quickly become a legal dispute running to tens of thousands of euros in costs.

Ireland’s Succession Act 1965 provides important legal protections for family members, but it also creates specific routes through which wills can be challenged. Understanding those routes, and closing them off, is exactly what our wills and probate team is here to help you do.

The Most Common Will Disputes We See

In our experience, the will disputes most likely to involve property tend to fall into a number of recurring patterns:

Outdated wills: A will written ten or fifteen years ago may bear little resemblance to your actual estate today. If property has been acquired, sold, or significantly increased in value, your will needs to reflect that.
No will at all: Dying intestate, without a valid will, is more common than people realise. When this happens, the rules of intestacy apply, and they rarely align perfectly with what the deceased would have wanted, especially where property is concerned.
Challenges based on capacity: As the population ages, we are seeing more cases where a will is challenged on the basis that the person lacked the mental capacity to make it. This is particularly relevant where dementia or cognitive decline was a factor.
Undue influence claims: Where one family member has been closely involved in caring for an elderly parent, others may question whether that person exerted undue pressure over the will-making process.
Section 117 applications: Under the Succession Act, children who feel they have not been adequately provided for can apply to the courts. With high-value estates, these applications are increasingly common.

How We Help You Protect Your Will — and Your Family

Our approach at Mullins Treacy LLP has always been about more than just putting words on paper. When we help a client there are several practical steps we recommend to every property owner:

Review your will regularly: We suggest revisiting your will any time your circumstances change significantly — a new property purchase, a marriage, a separation, or the death of a named beneficiary are all triggers for a review.
Be specific about property: Vague wording around who gets what property is one of the most common causes of dispute. We ensure your will is precise and leaves as little room for interpretation as possible.
Choose your executor carefully: The executor of your will carries significant responsibility, particularly when property is involved. Our guide on executor’s probate application requirements explains what is involved in detail.
Consider a Power of Attorney: Planning for the possibility that you may lose capacity is just as important as planning for death. A Power of Attorney ensures that someone you trust can manage your affairs — including property decisions — if you are no longer able to do so yourself.

Property in Probate: What Executors Need to Know

When property forms part of an estate, the probate and administration process becomes considerably more complex. The executor must value the property, manage it during the administration period, deal with any Capital Acquisitions Tax implications, and ultimately transfer or sell it in accordance with the will. Each of these steps carries legal and financial responsibility.

We have produced a dedicated guide on property considerations in probate that sets out the key issues executors face. If you have been named as an executor and are feeling overwhelmed by the process, please do not hesitate to contact our team. We deal with these matters every day and can guide you through each step with clarity and care.

A Word About Unmarried Couples

One situation we feel strongly about raising is the position of cohabiting couples. No matter how long you have been together, if you are not married, your partner has no automatic right to inherit under Irish law. In the context of today’s property values, this could mean a surviving partner losing their home.

It is a situation we see cause real heartbreak, and it is entirely avoidable with a properly drafted will. We have written in detail about the inheritance and separation rights of unmarried couples – we would encourage any cohabiting couple to read it.

When Disputes Arise: Our Approach to Resolution

We understand that no family wants to end up in a legal battle over a loved one’s estate. That is why, where disputes do arise, our first instinct is always to explore resolution without going to court.

Since the Mediation Act 2017 came into force, mediation has become a well-established and highly effective route for resolving inheritance conflicts and we have seen it preserve family relationships that litigation would certainly have destroyed.

Where mediation is not possible, our experienced team is fully equipped to represent your interests in court. Either way, our commitment is the same — to protect what is rightfully yours while keeping the process as humane and cost-effective as possible.

Conclusion

At Mullins Treacy LLP Solicitors, we know that talking about wills and inheritance isn’t always easy, but we also know that having the conversation early can make an enormous difference to the families we work with. If you own property in Ireland, your will deserves the same level of care and attention that you have put into acquiring that property.

Whether you need to make a will for the first time, update an existing one, or you are dealing with a dispute over an estate, our team in Waterford is here to help. Get in touch with us today for a no-obligation conversation, we are always happy to help.

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Expert Legal Guidance for Wills & Estate Planning
Mullins Treacy LLP Solicitors
Waterford, Ireland
Serving clients throughout Ireland

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Disclaimer: This blog is for general information purposes only and does not constitute legal or financial advice. Every Will and estate planning situation is unique and requires individual assessment based on your personal circumstances. If you require legal advice specific to your needs, please contact Mullins Treacy LLP to arrange a consultation with one of our specialist Wills and estate planning solicitors.

Call us on 051 391 488 or email reception@mullinstreacy.ie for a no obligation enquiry.

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