Succession Act 1965 section 77

Capacity to make a will

Section 77 sets out the minimum requirements a person must meet in order to make a valid will under Irish law.

• A person must have reached the age of 18, or be or have been married, to make a valid will.
• The person must also be of sound disposing mind at the time the will is made.
• The previous age threshold of 21 was reduced to 18, and the old exceptions for soldiers on active service and mariners at sea were removed.
• A person under 18 who is entitled to appoint a guardian for a child may still do so by will, even if they do not otherwise meet the age or marriage requirement.