intestacy
rules in ireland
What happens in Irish law if a person dies without having made a will
?
For
deaths after 1 January 1967 the situation is governed by the Succession
Act 1965:
| Position |
Outcome |
| Married
- no children |
Spouse
takes all |
| You
are married with children |
Spouse
takes two thirds - children take one third between them |
| You
are married with some children living and with some grandchildren
- children of a deceased child |
Spouse
takes two thirds - children take one third between them with grandchildren
taking their deceased's parents share |
| You
are married with no children living but with some grandchildren
- children of several deceased children |
Spouse
takes two thirds - grandchildren take one third between them - all
equal shares |
| You
are single - no children - two parents survive |
Parents
take all - equal share |
| You
are single - no children - one parent survives |
Surviving
parent takes all |
| You
are single - no parents - no children - brothers and sisters survive |
Brothers
and sisters take all between them in equal shares |
| You
are single - no parents - no children - brothers and sisters survive
- some brothers and sisters have died leaving children |
Brothers
and sisters take equal shares between them with the nephews and
nieces taking their deceased parents share |
| You
are single - no parents - no children - no brothers and sisters
survive - some brothers and sisters have died leaving children |
The
nephews and nieces taking the entire between them in equal shares |
The above is a brief summary of some of the effects of the Succession
Act 1965
in the case where a person dies intestate i.e. without having made a
will
and where succession to property is governed by Irish law.
Always
seek prompt legal advice based on the unique facts of your case
Many
situations give rise to statutory time limits
When
these limits expire your rights WILL be lost