Discretionary Will Trust Drafting

A discretionary Will trust in Ireland lets you leave assets to a class of beneficiaries while giving your trustees discretion over who benefits, how much and when. This service drafts the trust within your Will to suit your family’s circumstances. A solicitor would advise on appointing trustees, your letter of wishes, the beneficiaries to include and the tax treatment of discretionary trusts, including discretionary trust tax, and then drafts the Will and trust provisions.

The price shown is the full professional fee for the service as described, and any third-party or State fees are listed separately where they apply. If your matter needs more than this service covers, a solicitor would explain the options before any further work is done.

What’s included

• Advice on appointing trustees
• Advice on your letter of wishes
• Advice on the beneficiaries to include
• Advice on the tax treatment of discretionary trusts
• Drafting of the Will and trust provisions
• Self-complete template with guidance notes — you fill it in yourself
• Documents tailored to Irish law and your circumstances, delivered by email
• A written summary of the key points and anything you need to do afterwards

Who this is for

• Parents of young children
• People with a vulnerable relative
• People whose beneficiaries’ future needs are uncertain
• People wanting flexibility for their estate

How it works

1. Find a solicitor through the Law Society of Ireland’s Find a Solicitor directory and send them the basic details and any existing documents or correspondence.
2. Complete a short questionnaire about your circumstances.
3. A solicitor would then advise on the structure and drafts the Will and trust provisions.
4. The completed work is delivered to you by email, with plain-English notes on what to do next.

Frequently asked questions

How much does a discretionary Will trust cost in Ireland?

This page is a free guide — nothing on it is for sale. Solicitors set their own fees for this work and must give you a written costs estimate (a section 150 letter) before starting. Get quotes through the Law Society of Ireland’s Find a Solicitor directory.

What is discretionary trust tax?

Discretionary trusts can be subject to an initial and annual tax in certain circumstances, with exemptions in some cases, such as where the solicitor objects include young children.

Why use a discretionary trust?

It gives trustees flexibility to respond to beneficiaries’ changing needs.

For more on Wills, probate and administering an estate, see our Wills & Probate in Ireland guide.

If you would like to be told when solicitor services are available again on this site, you can join our no-fee waiting list. To instruct a solicitor now, use the Law Society of Ireland’s Find a Solicitor directory.