⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.
United Kingdom - Northern IrelandMaking a Will in Northern Ireland
Northern Ireland has its own succession law, separate from England and Wales. This guide explains, in plain language, how a will is made valid there, when it can be revoked, and what happens if there is no will
A separate legal jurisdiction within the UK
Although Northern Ireland is part of the United Kingdom, it is a distinct legal jurisdiction for wills and inheritance. Its rules sit in the Wills and Administration Proceedings (Northern Ireland) Order 1994, which replaced the Wills Act 1837 for Northern Ireland. A will connected to Northern Ireland is therefore read against Northern Irish law rather than the law of England and Wales or of Scotland. This is a general description of the framework, not advice about your own position.
How a will is made valid in Northern Ireland
Under the 1994 Order, a will is generally expected to meet a small number of formalities. Getting these right is what allows a will to be admitted to probate later.
In writing and signed
The will should be in writing and signed by the person making it, or signed by someone else in that person’s presence and at their direction. The signature should be intended to give effect to the will.
Two witnesses, present at the same time
The person’s signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time, and each witness must then attest and sign. As a general point of good practice, a witness should not be a beneficiary (or married to one), because that can affect what a witnessing beneficiary is able to receive.
Minimum age
The general minimum age to make a will is 18. A limited exception applies under the older privileged-will rules to certain members of the armed forces on active service and to mariners or seamen at sea, but for most people 18 is the relevant age.
Marriage and civil partnership can revoke a will
A point that surprises many people: under the 1994 Order a will is generally revoked when the person making it marries, and forming a civil partnership has the same effect. This means an earlier will can quietly cease to have effect after a wedding.
There is an exception where the will shows it was made in expectation of marrying, or forming a civil partnership with, a particular person and was intended to survive that event. If your circumstances are changing, it may be sensible to review your will and, if needed, make a new one. A qualified professional in Northern Ireland can advise on your own situation.
If there is no will: intestacy in Northern Ireland
When someone dies without a valid will, their estate is shared under the intestacy rules in the Administration of Estates Act (Northern Ireland) 1955. These rules decide who inherits and in what shares, and they are not identical to those in England and Wales.
Where there is a surviving spouse or civil partner and children, the spouse or civil partner generally takes the personal belongings and a fixed sum set by law, and then a share of what is left. That share depends on the number of children: one-half of the residue if there is one child, and one-third if there is more than one child, with the children taking the balance. Where there is a spouse or civil partner but no children, they take the personal belongings, a (larger) fixed sum, and a share of the rest, with any remainder passing to close relatives such as parents or siblings.
If there is no spouse, civil partner or children, the estate passes to other relatives in a set order: broadly parents, then brothers and sisters (or their children), then grandparents, then aunts and uncles. If no qualifying relatives can be traced, the estate may ultimately pass to the Crown. The exact figures and shares can change over time, so treat this as general information and check the current position for any specific estate.
How Northern Ireland differs from England & Wales
The formalities for making a will (writing, signature and two witnesses present together, plus the age-18 rule) are broadly similar in substance across the UK. The bigger practical differences are which statutes apply and how an estate is shared on intestacy.
Governing statute
Northern Ireland: Wills and Administration Proceedings (Northern Ireland) Order 1994
England & Wales: Wills Act 1837 (as amended)
Intestacy rules
Northern Ireland: Administration of Estates Act (Northern Ireland) 1955
England & Wales: Administration of Estates Act 1925
Spouse’s share of residue where there are children
Northern Ireland: One-half if there is one child; one-third if there is more than one child
England & Wales: One-half of the residue regardless of the number of children
Three things worth remembering
Northern Ireland has its own rules
The 1994 Order and the 1955 Act, not the England-and-Wales statutes, govern wills and intestacy in Northern Ireland.
Marriage can undo a will
Marrying or forming a civil partnership generally revokes an earlier will unless it was made in contemplation of that event.
Intestacy shares differ
A spouse’s share of the residue can be one-half or one-third depending on how many children there are, which is a distinctive Northern Irish rule.
Frequently asked questions
Is Northern Ireland a separate legal jurisdiction for wills?
Yes. Although Northern Ireland is part of the United Kingdom, it has its own succession law. Wills are governed by the Wills and Administration Proceedings (Northern Ireland) Order 1994, which replaced the older Wills Act 1837 for Northern Ireland. This is why a will valid in Northern Ireland follows Northern Irish rules rather than those of England and Wales.
How many witnesses does a will need in Northern Ireland?
A will generally needs to be in writing and signed by the person making it (or by someone else in their presence and at their direction). The signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time, and each witness must then sign. These are general points from the 1994 Order; a professional can confirm how they apply to your situation.
What age can you make a will in Northern Ireland?
The general minimum age is 18. A limited exception applies to certain members of the armed forces on actual military service and to mariners or seamen at sea, who may make a will under the older privileged-will rules. For most people, though, 18 is the relevant age.
Does getting married revoke my will in Northern Ireland?
Generally yes. Under the 1994 Order a will is revoked by the testator marrying, and forming a civil partnership has the same effect. There is an exception where the will shows it was made in expectation of marrying (or forming a civil partnership with) a particular person and was intended to survive that event. If your circumstances are changing, you may wish to review your will with a professional.
What happens if someone dies without a will in Northern Ireland?
The estate is shared under the intestacy rules in the Administration of Estates Act (Northern Ireland) 1955, which differ from those in England and Wales. In broad terms a surviving spouse or civil partner takes the personal belongings and a fixed sum, then a share of what is left that depends on whether there are children. If no relatives can be found, the estate may ultimately pass to the Crown.
Related legal guides
Who Can Draft and Sign a Will?
A global guide to who can legally draft and witness a will, and the signing requirements that apply in different jurisdictions.
What Happens Without a Will?
Understand the rules of intestacy and how an estate is distributed when there is no valid will, across the UK and beyond.
Put a clear will in place
A valid, up-to-date will lets you decide who inherits rather than leaving it to the intestacy rules. Start yours with structured prompts, or find a professional for advice on your own position in Northern Ireland.
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