Dying without a will in Ireland means the law decides who gets your assets — not you. The rules of intestacy do not reflect most people's wishes and can leave partners, stepchildren, and close friends with nothing. Making a will is one of the most important legal steps you can take.
Under the Succession Act 1965, if you die without a will your estate is distributed according to the rules of intestacy. These rules follow a strict hierarchy: spouse first, then children, then parents, siblings, and so on.
A cohabiting partner — no matter how long you have been together — receives nothing automatically. They must apply to court as a qualified cohabitant, which is a contested and uncertain process. An unmarried partner of 20 years can be left with nothing while distant relatives inherit everything.
A valid will must be in writing, signed by the testator in the presence of two witnesses, and both witnesses must sign in the presence of the testator. Witnesses cannot be beneficiaries. A will made without meeting these requirements can be challenged or declared invalid.
A solicitor will ensure your will is properly drafted, validly executed, and stored securely.
Many people assume that everything goes to their spouse automatically if they die. This is not always the case under Irish intestacy rules — if you have children, your estate is split between your spouse and children in defined proportions. If you want everything to go to your spouse first, you need a will that says so.
Patricia and her partner had lived together in Kerry for twenty years. They had never married — it had never seemed necessary. They had built a home together, raised animals together, and assumed that if either of them died, the other would simply carry on in their shared home.
When her partner died suddenly of a heart attack, the reality was brutal. Without a will, his estate passed under the rules of intestacy to his next of kin — a sister with whom he had limited contact and two adult children from a previous relationship who had been largely absent from his life.
Patricia had no automatic right to any of it. She had to apply to court as a qualified cohabitant — a process that took eighteen months, cost significant legal fees, and caused enormous stress during an already devastating time.
She eventually obtained a life interest in the property. But she told her solicitor afterwards: if they had each made a simple will twenty years ago, none of this would have happened.
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