What happens if you die without a will in Ireland?
If you die without a valid will, you die 'intestate' and the Succession Act 1965 — not you — decides who inherits. Here's exactly how it works.
Dying intestate doesn't mean the State takes everything (that is very rare). Instead, a strict legal formula divides your estate among your closest relatives, regardless of what you might have wanted.
How an intestate estate is divided
- Spouse/civil partner and children: two-thirds to the spouse/civil partner, one-third divided equally among the children.
- Spouse/civil partner, no children: the entire estate to the spouse/civil partner.
- Children, no spouse: the whole estate divided equally among the children.
- No spouse or children: to parents, then siblings, then nieces/nephews, then more distant relatives, in an order set by the Act.
- No relatives at all: only then does the estate pass to the State.
The catch. An unmarried partner has no automatic right to inherit under intestacy, no matter how long you were together. Stepchildren you didn't adopt are also excluded. A will is the only way to provide for them.
Who sorts out the estate?
With no executor named, a close relative (usually the spouse or an adult child) must apply for a Grant of Letters of Administration before they can deal with the assets. This can be slower and more stressful than where a will names a clear executor.
The simple fix
A solicitor-drafted will lets you choose your beneficiaries, provide for an unmarried partner or stepchildren, appoint guardians for young children, and plan for tax. It usually costs only €150–€300. Find a wills solicitor in your county and put it right.
FAQs
Does my partner inherit if we're not married?
Not automatically. Under intestacy an unmarried partner has no right to inherit. They could make a court application in limited circumstances, but the only reliable solution is a will.
Who gets everything if I'm single with no children?
Your estate passes to your parents, or if they have died, to your siblings, then their children, and so on under the Succession Act order.