How is the fact of intestacy established?

GCU Flexible Demeanour

I appreciate that, if someone dies intestate or if their will is deemed invalid, an estate will be distributed in accordance with the rules of intestacy.

However, I'm not clear on how it is established that no will exists. For the sake of argument, if a person with no close relatives makes a will in a solicitor's office leaving the estate to the cats and dogs home, but tells no-one that it exists, how is this same will brought to light when they die? Do the solicitors (or anyone else) have some obligation to establish every so often if any will in their possession needs to be processed?

Cutting to the chase, I suppose I'm wondering if it ever happens that an estate is divided up on the assumption of intestacy, only for someone to subsequently find a will stashed in some attic.

coylemj

I'm not providing an answer to the question you pose but it's relevant to point out that Senator Terry Leyden attempted to bring in a Registration of Wills bill in the Seanad but it appeared to meet a brick wall when Joan Burton attended a Seanad debate on the bill in July 2011 and said that the Government wouldn't support it. I'm not aware that the bill got time for further consideration after that, it appears to be dead in the water based on the debate linked to below.....

http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2011070600014?opendocument

GCU Flexible Demeanour

Thanks for that link - I think it answered the main point on my mind. My question was really just if there's any clear way of establishing if someone has or hasn't made a will. I wondered if the kind of situations mentioned in that debate - for instance, someone making a will decades ago and leaving it with a firm of solicitors that then ceases to operate, or any other set of circumstances that might break the link, like the executor emigrating and losing contact or whatever - could mean an estate would be processed as if no will had been made.

That debate suggests that, indeed, such situations would be possible.

coylemj

Clearly the key to avoiding that situation is for the person making a will to advise members of his family that he has made a will and that it's with the specific firm of solicitors.

annieoburns

I think executors should be informed of the fact that they are nominated and the whereabouts of the will but I think it is just a courtesy. Even a copy would be useful to have for an executor as it may contain funeral/burial wishes.

I have seen notices placed by firms in legal papers looking for wills. I presume the potential heirs would prompt enquiries?

There is also a 30 year time period in the case of no will and no heirs when intestacy is established. After this time the assets of the person will go to the state.

Pat Mustard

annieoburns wrote: »

I presume the potential heirs would prompt enquiries?

Relatives often make enquiries of solicitors' offices after a death. A search may be carried out, if the Will cannot be found immediately. The search may involve writing to local solicitors and solicitors with whom the disponor (deceased) had dealt. Advertisements may be taken out.

When making a Will, people are generally advised to inform their executors/trustees of the existence and whereabouts of their Will.

If a disponor made a Will, there is a good chance of finding it or a copy of it.