Intestacy Law in Ireland: What Happens When You Don’t Have a Will?

Death is an inevitable part of life and it’s important to have a plan in place for what happens to your assets after you pass away. Having a will ensures that your assets are distributed according to your wishes, but what happens if you die without a valid will in place? In Ireland, the law of intestacy governs the distribution of a person’s estate when they die without a will.

Here’s what you need to know about intestacy law in Ireland:

  1. Eligible Heirs: When a person dies without a will, their assets are distributed among their next of kin. This includes their spouse or civil partner, children, parents, siblings, grandparents, and other relatives.
  2. Spouses or Civil Partners: If the deceased person was married or in a civil partnership, their spouse or civil partner will inherit the entire estate if there are no children or grandchildren. However, if there are children or grandchildren, the spouse or civil partner will inherit two-thirds of the estate and the remaining one-third will be divided among the children.
  3. Children: If the deceased person was not married or in a civil partnership, their estate will be divided equally among their children.
  4. Parents: If the deceased person was not married or in a civil partnership and had no children, their estate will pass to their parents equally.
  5. Siblings: If the deceased person was not married or in a civil partnership, had no children, and their parents have predeceased them, their estate will be divided among their siblings.
  6. Grandparents: If the deceased person was not married or in a civil partnership, had no children, parents or siblings, their estate will pass to their grandparents.
  7. The State: If there is no will for the deceased and no next of kin can be found, the state will take the benefit of your estate.

It’s important to keep in mind that these provisions are subject to change, and the laws surrounding intestacy in Ireland can be complex. That’s why it’s always a good idea to seek the advice of a legal professional if you have any questions or concerns about the distribution of a deceased person’s estate.

Having a will in place is the best way to ensure that your assets are distributed according to your wishes. If you haven’t yet created a will, now is the time to do so. You can work with a lawyer to draft a will that meets your needs, or you can use an online service to create a will from the comfort of your own home. Either way, taking the time to plan for the future will give you peace of mind and ensure that your loved ones are taken care of after you’re gone.

The content on this blog is not intended to be a substitute for professional advice, and should not be relied upon as such.

If you need advice about making a will or any other legal matter, please contact me today on
 +35316625233  or aidan.duggan@mceneaneytighe.ie

Aidan Duggan