# What happens when there is no will?



## munchy (10 Jun 2013)

Hello all. Im new to this sub-forum.

I wonder what happens if an Irish citizen has some cash and property (which has a mortgage - but life insurance to cover it) and there is no will. Who does the inheritance go to? Is it the spouse or the blood family?


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## pudds (11 Jun 2013)

> *Rules*
> 
> If you are not married, you may only inherit from your partner if you are left a bequest in a valid will. However, a spouse is entitled to what is called a "legal right share" of their deceased spouse's estate even if:
> 
> ...



http://www.citizensinformation.ie/e...d_couples/marital_status_and_inheritance.html


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## terrysgirl33 (11 Jun 2013)

munchy said:


> Hello all. Im new to this sub-forum.
> 
> I wonder what happens if an Irish citizen has some cash and property (which has a mortgage - but life insurance to cover it) and there is no will. Who does the inheritance go to? Is it the spouse or the blood family?



This is called dying intestate:
http://www.citizensinformation.ie/e...estate/what_happens_the_deceaseds_estate.html

See part VI here, the rules for distributing on intestacy:
http://www.irishstatutebook.ie/1965/en/act/pub/0027/print.html

ETA: just to add, the rules for distributing an intestate estate are pretty straightforward and I don't think they are very open to challenging.



I don't understand what you mean about a spouse/blood family?  A spouse is always the closest relative someone has.  If they die intestate, the people who inherit are first of all the spouse and anyone who is dependant on this person (children or dependant adult).  Everyone else is a distant relative.


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## j26 (18 Jul 2013)

The basic order of Succession is

Spouse (special rules if there are children)
Children
Grandchildren (split their parents share, generally if the parent predeceased)
Parents
Brothers and sisters (the children of a predeceased brother or sister would split their parents share)
Next of kin (closest living blood relatives)
The State


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## elacsaplau (18 Jul 2013)

Hi All

Just 2 follow on questions:

1. How can one establish if a will has been made by a deceased relative? and
2. If a will has been discovered, how can it be established that it has not been superceded by a later will?


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## mf1 (18 Jul 2013)

1. How can one establish if a will has been made by a deceased relative? 

First things first, there is no register of Wills in Ireland and it is a matter for individuals to keep their own affairs in order. 

Assuming that there is no copy with usual household papers, then the usual method is to check with family and friends - did they ever mention making a will? Does anyone know if they had a will? Did they have a solicitor?  

2. If a will has been discovered, how can it be established that it has not been superceded by a later will? 

If it is hard to find one will, what are the chances that there was another!!! 

But, if there was this suspicion, make more enquiries. Advertise in the Law Society Gazette/ Irish newspapers to see if anyone is aware of one. 

mf


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## Haven (27 Sep 2013)

If you want to find out if any solicitors have a will on file you can post in the Law Gazette


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