Sunday, June 25, 2017

What does Intestacy mean?

Intestacy is where a person dies without having made a Will or where the Will they have made is found to be invalid.

Consequences of Intestacy

The consequence of intestacy is that the Succession Act of 1965 directs the division of the assets  in accordance to the blood relationship of surviving family members to the deceased person. If there are no living blood relations surviving the deceased then the deceased's assets are forfeited to the State.

Distribution on Intestacy (Where no Will was made)

Relatives Surviving Distribution of Share
Spouse and children Spouse two thirds, children one third
Spouse and no children Spouse takes all
Children and no spouse Children take all
Parents & siblings Each parent takes half
One parent & siblings Parent takes all
Siblings only All take in equal shares,
  with children of a predeceased sibling
  taking their parent's share
Nephews & nieces only All take in equal shares
Uncles & aunts All take in equal shares
First cousin, great uncle
/aunt, great nephew/niece     
All take in equal shares

 

 

 

 

 

 

 

 

 

 

N.B. If a child predeceases his parents leaving a child or children then that child takes his parent's share or if more than one that share is divided equally amongst the children. The person appointed to act as Administrator is determined at the date of death of the deceased. This person will be the person who stands closest in blood relationship to the deceased - N.B. a surviving spouse will be preferred over a child. The procedure to extract the Grant in intestacy cases is similar to that involved in extracting the Grant of Probate where there is a Will (see section on Probate).

Dermot McNamara BCL,
Solicitor
Notary Public
Commissioner for Oaths

Collette Bryson BA (Hons)
Solicitor

Frances Cunneen T.E.P. Trust & Estate Practitioner

Lorraine Byrne

M.I.I.L.Ex, Legal Executive

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