Brother's estate distribution?

[peking97]

Brother died intestate a few years back.
He was never married but has an adult daughter. He also has adult siblings, sisters and brothers.
Am I correct in thinking that his entire estate goes to his daughter only, or do the siblings have any entitlement?

 

[jdwex]

From http://www.citizensinformation.ie/e...estate/what_happens_the_deceaseds_estate.html

Intestacy
If a person dies without having made a will or if the will is invalid for whatever reason, that person is said to have died "intestate". If there is a valid will, but part of it is invalid then that part is dealt with as if there was an intestacy. The rules for division of property on intestacy are as follows:

If the deceased is survived by

• spouse/civil partner but no children - spouse/civil partner gets entire estate
• spouse/civil partner and children - spouse/civil partner gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share)
• parents, no spouse/civil partner or children - divided equally or entirely to one parent if only one survives.
• children, no spouse/civil partner - divided equally between children (as above)

 

[peking97]

Thanks for the reply. So I am correct in thinking that his estate goes to his daughter only in this scenario?

 

[DirectDevil]

It looks that way on the information provided.

The principal statute dealing with this is the Succession Act 1965.

Part VI deals with the rules for distribution on intestacy. Within part VI, section 67 deals with the situation you describe and seems very clear that if there is issue they collect entitlement to the full estate with no provision for next of kin. Here is a link http://www.irishstatutebook.ie/eli/1965/act/27/section/67/enacted/en/html

BTW if someone has incurred expenses such as a funeral and associated matters they may need to ask the sole beneficiary for reimbursement out of the estate !