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No Will - What Happens Here?

The law has provided for a no will situation under the Succession Act, 1965.
In this  case where a loved one has died without a Will, contact your solicitor who will bring you through the process.

Under the Act, the Rules of Intestacy applies, these are necessary in order for the assets of the deceased to be fairly and properly distributed.

A Will made invalidly will be treated as no Will and the Rules of Intestacy will apply. Also, if there is a legal challenge to the Will
in court, the Will could be held to be invalid and the statutory provisions on intestacy will apply.

What Are the Rules of Intestacy?
If the deceased person is survived by:
(a) Spouse/civil partner but no children. Here the spouse/civil partner get all the property/assets, known as the ‘estate.’
(b) Spouse/civil partner and children – spouse/civil partner gets two-thirds of the estate, the remaining one-third of the estate is divided equally between children (if a child has already died his/her children take the share of the pre-deceased parent equally between them)
(c) Parents, no spouse/civil partner and no children – estate divided equally to both parents or entirely to one parent if only one survives.
(d) Children and no spouse/civil partner – the estate is divided equally between deceased’s children (as above)
(e) Brothers and sisters only – the estate is divided equally between the deceased’s siblings. The children of a pre-deceased sibling are entitled to receive that sibling’s share of the estate in equal shares.
(f) Nieces and nephews only – the estate is divided equally between those surviving the deceased.
(g) Other relatives – divided equally between nearest equal relationship. In this case, lineal is preferred over non-linear descendants or ascendants.
(h) No relatives – the state (Ireland)

If any of these situations arise, contact your solicitor.