Intestate - is Succession Act 1965 s67(4) only option.

S

SDMXTWO

Registered User
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Is there a straightforward yes / no to this question.

A person dies intestate. No wife. Three children. One living in the house. House paid for and small bank account, no debt.

Do the rules of succession automatically take over, or can the remaining siblings decide what they want to do.
 
IANAL but from my interpretation of the situation....

Section 67(4) of the Succession Act states that the estate will be distributed in equal shares:

Succession Act, 1965, Section 67

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
www.irishstatutebook.ie

You'd then look to Section 55. The personal representative(s) has the power of appropriation but that might be a moot point here as there is just a house and no other material assets:

Succession Act, 1965, Section 55

The electronic Irish Statute Book (eISB) comprises the Acts of the Oireachtas (Parliament), Statutory Instruments, Legislation Directory, Constitution and a limited number of pre-1922 Acts.
www.irishstatutebook.ie

SDMXTWO said:
Three children. One living in the house.
Click to expand...

SDMXTWO said:
can the remaining siblings decide what they want to do.
Click to expand...

Can you give more detail on what the siblings might intend to do?

Do they wish to allow the sibling living there to continue living in the house? Is the sibling a dependent relative? Could the others use a pure disclaimer where their shares go back into the estate and allow the sibling living there to potentially avail of Dwelling House Relief (if applicable?)
 
Well without getting into detail and going off topic I am wondering if there is a 'but' after the Act (4). Because everything reads as Intestate = Succession Act and no other way out. That is the nub of my question, does intestate = Succession Act automatically kicks in.
 
It is generally possible for example for a Deed of Family Arrangement to supersede the default provisions of the Succession Act, if that's what you're asking.
 
And 2 further Q's:
If the (intestate) estate is sold and divided giving the three siblings €160000 each, is each sibling liable for 33% tax?
How long after a person passes does revenue have to be paid the due tax?

Thanks.
 
SDMXTWO said:
And 2 further Q's:
If the (intestate) estate is sold and divided giving the three siblings €160000 each, is each sibling liable for 33% tax?
How long after a person passes does revenue have to be paid the due tax?

Thanks.
Click to expand...
Who are you inheriting from? Another sibling? A parent? Grandparent?
 
The query is slightly vague, but disclaiming might be relevant.

e.g. Siblings A, B, & C.

Parent dies intestate.

A & B would prefer C to inherit the home.

They can disclaim and then their shares go back into the residue of the estate and go to C.
 
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