IrelandCan I leave my entire estate to charity?
Yes, you can leave your entire estate to charity in Ireland, but if you have a spouse or civil partner, they have a legal right to a share of your estate regardless of what your will says.
What the Law Says
The Succession Act 1965 sets out the legal rights of spouses and civil partners to inherit from a deceased person’s estate — even if the will leaves everything to charity. These rights cannot be overridden by a will.
Under Irish law, if you are married or in a civil partnership at the time of your death, your spouse or civil partner has a 'legal right share' in your estate — regardless of the terms of your will. This means you cannot completely disinherit them, even to benefit charity.
The size of this legal right share depends on whether you have children. If you have children, your spouse or civil partner is entitled to one-third of your estate. If you have no children, they are entitled to one-half.
This entitlement applies to the 'net estate' — that is, the value of your assets after debts and funeral expenses are paid, but before taxes like Capital Acquisitions Tax (CAT). Charities receiving gifts under your will must wait until these legal rights are satisfied.
Statutory TextA spouse shall be entitled to a legal right share in the estate of a deceased spouse, being a share equal to one-third of the net estate where the deceased leaves issue and one-half of the net estate where the deceased leaves no issue.
— Succession Act 1965, s. 111 — Legal right of spouse
What to Do
Confirm your marital or civil partnership status — it directly affects how much of your estate you can freely give to charity.
Make a valid will naming your chosen charities as beneficiaries, clearly specifying how assets should be distributed.
Consult a solicitor to ensure your will complies with the Succession Act 1965 and protects your intentions while respecting legal rights.
Consider making lifetime charitable donations if you wish to reduce the taxable estate or support causes earlier.
Review your will regularly — especially after major life events like marriage, divorce, or the birth of children.
Sources
Same Question, Other Jurisdictions
UK
US FederalNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.