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Wills ^& Probate

Dying Intestate – What happens if you die without a Will?

 

If you die without a Will you are said to have died ‘intestate’. If you die intestate this means your estate is distributed in accordance with the law. The rules of intestacy are not flexible and don’t take into account what your wishes would have been. After your debts and funeral expenses are discharged, the rules of intestacy sets out that your estate is distributed in the following way:-

If you are survived by:

Who Benefits Who Administers your Estate
A spouse/civil partner but no children Your spouse/civil partner gets your entire estate. Your spouse/civil partner
A spouse/civil partner and children Your spouse/civil partner gets two-thirds of your estate and the remaining one-third is divided equally among your children. If one of your children has died, that share goes to his/her children. Your spouse/civil partner is entitled to administer your estate, if they do not want to administer your estate, then any of your children (over the age of 18 years) are entitled to administer your estate.
Children, but no spouse/civil partner Your estate is divided equally among your children (or their children). Each child (over the age of 18) is entitled to apply to administer your estate.
Parents, but no spouse/civil partner or children: Your estate is divided equally between your parents or, if only one parent survives, your estate is given entirely to one parent. Both or one of your parents is entitled to administer your estate.
Brothers and sisters only Your estate is shared equally among them, with the children of a deceased brother or sister taking his/her share. One or brother or sister
Nieces and nephews only: Your estate is divided equally among those surviving. One or all nieces and nephews
Other relatives only Your estate is divided equally between the nearest equal relationship. One or all
No relatives: Your estate goes to the State.

If you are the next of kin of someone who dies without having made a Will (i.e. intestate), please Contact Us for further advice on the process involved in administering the estate.


HAVE A QUESTION OR NEED MORE INFORMATION?

tel: 061 599 033 email: info@bmsolicitors.ie visit us: 64 O'Connell Street, Limerick Opening Hours: Monday - Friday 9.00am to 5.30pm. Saturdays by Appointment

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