Handwritten changes to homemade wills often lead to more heartache and confusion than people realise. A recent High Court case involving property on South Circular Road in Dublin has brought this legal risk into sharp focus. If you’re considering making or changing your will, this case highlights why seeking expert legal advice is so important for protecting your wishes and your loved ones’ interests.
The South Circular Road Will Dispute Explained
A High Court judgment from May 2025 centred around the will of Michael McNally, a former publican who died in 2019. His will, written on a pre-printed form in 1981, bequeathed his house on South Circular Road to his brother Eamonn. However, at some stage before his death, handwritten changes attempted to remove this bequest, even replacing it with a nominal sum of IR£1.
Michael died unmarried and childless, leaving the will and only one significant asset – the Dublin property. After his passing and that of the original executor, the family sought clarity on the will’s validity. The High Court was asked if these handwritten amendments, made across almost three decades, could stand.
What Did the Judge Decide?
Ms Justice Siobhan Stack ruled that the handwritten changes were invalid. Her judgment means the house goes to Eamonn’s estate, not split as per the later amendments. The judge concluded:
- The handwriting neither made the original bequest ‘indecipherable’ nor constituted an act of legal ‘destruction’ of the clause.
- There was no evidence the amendments followed the legally required steps of execution and witnessing.
- The risk of disputed authorship or alteration by others was too great without these safeguards in place.
Why Did the Handwritten Changes Fail?
Irish law is very strict about the execution and alteration of wills for good reason. Section 86 of the Succession Act 1965 protects against fraudulent, coerced or accidental changes. Any alteration after a will is signed must be properly executed and witnessed, just like the original will itself. If not, it is likely to be declared invalid.
The Dangers of Making Your Own Will
Michael McNally’s case is sadly not unique. Many people still use template forms, jot down homemade notes, or ask friends to witness signatures, all unaware of the legal pitfalls that can jeopardise their final wishes.
Common Homemade Will Problems
- Invalid alterations
If changes are not signed and witnessed in the correct way, they have no legal power.
- Unclear intentions
Handwritten amendments, especially those made years after the original will, can leave others guessing about the testator’s true wishes.
- Lost or deceased witnesses
Wills must be witnessed by two people present at the same time. If the witnesses can’t be traced or have died, as in Michael McNally’s case, proving the validity of a will may be very difficult.
- Risk of partial intestacy
If a gift is deleted improperly, the estate (or part of it) may fall to intestacy rules, which may not reflect what the deceased would have wanted.
Why Professional Help Matters
Solicitors who specialise in wills and estate planning understand both the legal requirements and the human sensitivities involved. They offer:
- Guidance on clear and valid drafting and execution
- Advice on tax implications and asset protection
- Secure storage and retrieval of your will
- Support in cross-border or complex family situations
What Should You Do If You Want to Alter Your Will?
If you need to change your will, do not try to add, cross out or write new notes on your own copy. Instead, consult a solicitor who will advise you on the best approach. Changes may involve:
- Drafting a codicil, which is a short legal document amending the original will and executed with the same formalities.
- Making a new will if there are significant updates needed or life changes (like a new marriage, divorce or changes in family circumstances).
Always ensure any new document is signed and witnessed in the correct manner – ideally under solicitor supervision.
Lessons for Irish Families from the South Circular Road Case
This High Court case offers three essential reminders:
- Even minor handwritten changes can have major legal consequences.
What seems like a simple correction or update may actually invalidate your wishes if not executed properly.
- Legal formalities exist to protect you and your family.
The requirement for witnesses, clear dates, and formal signing is there to safeguard your real wishes and prevent fraud.
- Disputes can tear families apart and drain estates.
Homemade or poorly executed wills are the leading cause of probate disputes in Ireland, which can be costly, lengthy and painful.
How a Solicitor Can Safeguard Your Wishes
At HOMS Assist, our experienced wills and estate planning solicitors provide personal, expert guidance to individuals and families. We help you:
- Prepare a will that is clear, valid and tax-efficient
- Amend existing wills via legally safe processes, like codicils or full rewrites
- Protect vulnerable family members and designate guardians
- Deal with cross-border property or complex family affairs
- Navigate inheritance tax and protect family assets
- Address contentious probate issues, mediation and will disputes
Our approach is thoughtful and tailored. We communicate sensitively with all parties and provide practical solutions to avoid unnecessary distress or litigation.
Steps You Can Take Now
- Review your will regularly
Every five years, or after significant life events, check that your will still reflects your wishes and circumstances.
- Speak to a professional before making changes
Even if you only want to update one small detail, get legal advice first.
- Store your will somewhere secure
Keep it safe and ensure at least one trusted person knows where it is held.
- Inform your executor or next of kin of your plans
This helps to pre-empt disputes or confusion after your death.
If you think your existing will might be invalid, or you want to update it correctly, it’s important to act now. Specialist advice can secure your legacy and bring real peace of mind.
Understanding the Cost of Not Using a Solicitor
Many believe writing their own will saves time and money. But legal costs pale next to the financial (and often emotional) consequences of a disputed or invalid will:
- Estates tied up in court for years, draining assets
- Family members left out unintentionally
- Risk of intestacy, where state rules decide who inherits
Legal expertise is the best investment for securing your family’s future and ensuring your wishes are properly fulfilled.
For more guidance or to speak directly to a wills or estate planning expert, visit HOMS Assist’s Wills and Trusts Page.
Expert Guidance Protects What Matters Most
Do not wait until it is too late to secure your wishes. Wills are far more than pieces of paper; they are critical legal documents safeguarding your family’s well-being and your last wishes. Handwritten notes and changes offer no shortcut and plenty of risk. By seeking qualified legal help, you can guarantee that your will stands up under scrutiny and truly honours your legacy.
If you need support with wills, probate, or any aspect of estate planning, contact HOMS Assist’s expert team today for peace of mind and professional care.
