Probate: What Happens When There’s No Will?
Under the Succession Act, 1965, if someone dies without a will, the Rules of Intestacy apply to ensure their assets are fairly distributed. Contact a solicitor to guide you through the process.
If a will is invalid or contested in court, the Rules of Intestacy take effect.
Rules of Intestacy
If the deceased is survived by:
- Spouse/civil partner, no children: Spouse/civil partner inherits the entire estate.
- Spouse/civil partner and children: Spouse/civil partner receives two-thirds, and one-third is equally divided among children (grandchildren inherit if a child predeceased).
- Parents, no spouse/civil partner or children: Estate is split equally between parents, or entirely to one surviving parent.
- Children, no spouse/civil partner: Estate is equally divided among the children.
- Siblings only: Estate is divided equally among siblings, with children of deceased siblings inheriting their share equally.
- Nieces/nephews only: Estate is divided equally among surviving nieces and nephews.
- Other relatives: Estate is divided equally among the closest relatives, with lineal descendants given priority.
- No relatives: Estate goes to the state (Ireland).
For assistance, contact a solicitor.
