Is a UK will valid in Ireland?

Spanish Eyes

Person is resident and domiciled in England. Has a valid UK will. The estate includes properties in Ireland and the UK.

All beneficiaries are resident and domiciled in England.

Is a separate Irish will required for the Irish property, or can the English will be used to obtain a Grant of Probate in Ireland for the property situated here?

I think Irish tax will only apply to the property situated in Ireland.

Any assistance would be great, thanks.

Mr. Incognito

Dear Lord let the lawyers sort it out

Dont take legal advice off the internet.

Peregrinus

Yes, you can have the will made in in England by the English-domiciled testator admitted to probate in Ireland. There are a few tweaks to the usual rules - e.g. to be valid, the English will doesn't have to be in the form, and executed in the form, required by Irish law, so long as it complies with the corresponding requirements of English law. Although the will may nominate an executor who is English-based and that person may have been appointed executor in England, it may be more convenient to have it probated in Ireland (with the consent of the English executor) on the basis that an Irish-based administrator is appointed to deal with the Irish part of the estate.

Irish rules regarding inheritance - e.g. a spouse's legal right - will apply to the Irish assets in the estate. Similarly if there are Irish assets which the will doesn't dispose of, Irish rules will apply to determine who gets them.

If the testator is still alive, he should definitely be taking legal advice (in Ireland) about whether this is the way to go, or whether he would be better off to make a separate Irish will in respect of his Irish estate.