What happens when there is no will?

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munchy

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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?
 
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:

  • there is no will
  • the will is invalid
  • there is a valid will, but it leaves little or nothing to the surviving spouse.
The marital status of the deceased person may also indirectly affect the inheritance rights of his/her children.
Spousal inheritance rights

The amount of the surviving spouse's legal right share depends on two factors:

  • whether or not there is a valid will
  • whether or not the deceased spouse has any children.
You are entitled to the whole estate if:

  • there is no will or the will is invalid, and
  • the deceased spouse has no children or grandchildren.
You are entitled to two-thirds of the estate if:

  • there is no valid will, and
  • the deceased spouse has children or grandchildren.
You are entitled to one-half of the estate if:

  • there is a valid will, and
  • the deceased spouse has no children or grandchildren.
You are entitled to one-third of the estate if:

  • there is a valid will, and
  • the deceased spouse has children or grandchildren.
If you are the surviving spouse, you must be informed of this right and should apply for your legal right share as soon as possible. You may require that the family home be given to you in satisfaction of your legal right share, even if the home was left to another person under the will.



If the family home is worth more than the legal right share, you will normally have to pay the difference into the deceased's estate. However, in cases of hardship, you may apply to the court to have the dwelling house given to you either without paying the difference or by paying such sum as the court thinks reasonable.
Click to expand...

http://www.citizensinformation.ie/e...d_couples/marital_status_and_inheritance.html
 
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?
Click to expand...

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.
 
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
 
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?
 
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
 
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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