Rules of Intestacy
If someone dies without a Will, that person is said to have died ‘intestate’ and his/her estate is distributed according to the Succession Act 1965, also known as the ‘Rules of Intestacy’. In order to distribute the assets, a grant of letters of administration is required.
Mark Collins, David Collins and Tom Collins advise clients on all aspects of probate applications and probate disputes. Conveniently located in the centre of Terenure village, we are happy to arrange consultations to discuss any probate queries.
The Rules of Intestacy set out the manner in which an estate are distributed and are briefly summarised below.
If the deceased is survived by :-
- spouse/civil partner but no children – spouse/civil partner inherits the entire estate;
- spouse/civil partner and children – spouse/civil partner inherits two-thirds of the estate, the remaining one-third of the estate is divided equally between any children (if a child has already died then his/her children take the share of the pre-deceased parent equally between them);
- Children and no spouse/civil partner – the estate is divided equally between deceased’s children;
- Parents, no spouse/civil partner and no children – estate divided equally to both parents or entirely to one parent if only one surviving;
- Siblings only – the estate is divided equally between the deceased’s siblings. The children of a pre-deceased sibling are entitled to receive that sibling’s share of the estate in equal shares;
- Nieces and nephews only – the estate is divided equally between those surviving the deceased;
- Other relatives – divided equally between nearest relatives of the same status.
- No surviving relatives – Ireland
At Tom Collins & Company Solicitors LLP, we provide a personal service at each step of the process and advise administrators and executors on their obligations and responsibilities throughout. If a family member has passed away and you are unsure if they have created a will, or if you have recently been appointed executor and require advice, please don’t hesitate to contact us.
The current processing time for an application to the Probate Office is approximately 20 weeks.*
- We provide a full suite of legal services to executors, administrators, and beneficiaries. If you would like to discuss any aspect of a deceased’s estate, please don’t hesitate to contact us on 01 4900121 or alternatively email us at info@tomcollins.ie
- *Processing times for applications may be longer depending on queries raised by the probate office on the application papers submitted.
David Collins
Tom Collins
