Son's question about no will

Jellybaby_1 · 18-09-2022 07:33PM #1

Our son is single, hasn't made a will, and asked what would happen to his assets if he died tomorrow. I said I believed they would be inherited by his blood relatives. I'm wondering who the law says his blood relatives are. His closest relatives are us his parents, sibling, aunts, uncles and cousin. Does it go further to more distant relatives. Or am I wrong?

kippy · 18-09-2022 07:38PM

https://www.boards.ie/discussion/2058263980/sons-question-about-no-will

https://www.gov.ie/en/publication/bbc5d-succession-rights-in-ireland/#:~:text=a%20spouse%20or%20civil%20partner%20and%20children%3A%20your%20spouse%2Fcivil,goes%20to%20his%2Fher%20children

A good outline, in general, of how things would fall.

Marcusm · 18-09-2022 10:08PM

https://www.boards.ie/discussion/2058263980/sons-question-about-no-will

An unmarried child with no children who died intestate (without making a will) would have his/her assets inherited by any surviving parent to the exclusion of other relatives.

Jellybaby_1 · 19-09-2022 12:04AM

https://www.boards.ie/discussion/comment/119635192#Comment_119635192

Thank you. How long would they have to have been together, if only 2 or 3 years or more?

Jellybaby_1 · 19-09-2022 12:05AM

https://www.boards.ie/discussion/comment/119635782#Comment_119635782

Kippy's information doesn't agree with that I'm afraid.

coylemj · 19-09-2022 01:11PM

https://www.boards.ie/discussion/comment/119636015#Comment_119636015

Actually it does. The link posted by Kippy says that if you die with no will and you are survived by ...

parents, but no spouse, civil partner or children: your estate is divided equally between your parents or given entirely to one parent if only one is living

And see S.68 of the Succession Act 1965......

68.—If an intestate dies leaving neither spouse nor issue, his estate shall be distributed between his parents in equal shares if both survive the intestate, but, if only one parent survives, that parent shall take the whole estate.

https://www.irishstatutebook.ie/eli/1965/act/27/section/68/enacted/en/html#sec68

If both parents are dead, the estate would be divided among the siblings. And the children of any deceased sibling would divide their parent's share of the estate among them.

69.—(1) If an intestate dies leaving neither spouse nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.

Jellybaby_1 · 19-09-2022 07:08PM

Thanks for clarifying. Still unsure about civil partner. Someone he lived with for weeks, months, years?

coylemj · 19-09-2022 10:41PM

https://www.boards.ie/discussion/comment/119639083#Comment_119639083

You cannot register a civil partnership since the enactment of the Marriage Act 2015. So if your son is in a relationship that commenced since 2015, he has to be either married to that person or they have no legal relationship. In the latter case, that person would have no rights if your son dies without a will and his estate would go to you, his parents.

Jellybaby_1 · 19-09-2022 10:56PM

https://www.boards.ie/discussion/comment/119639849#Comment_119639849

Ok, many thanks for that. I'll pass all this on to him. Might make him get a will done!

20-09-2022 08:00PM

In passing might I suggest that you gently probe it further as to what brought the question to mind.

Jellybaby_1 · 21-09-2022 06:57PM

I think it was prompted by us telling him we had everything in order as we had organised our own wills.

Son's question about no will

Comments