Inheritance law is complex and it can be very helpful to understand it in advance so that you are not faced with difficult situations at an emotional time. Understanding how the law affects you when a partner or parent dies is very important, and planning ahead in this area can take a great weight off your mind.
The first question to consider is whether the deceased has left a will or not. If there is no will, the person is considered to have died intestate, and this is a much more complicated situation. If a person leaves a will behind them, it is used to determine the wishes of the individual and can only be challenged in special circumstances.
What Happens If Someone Dies Without A Will:
When a person dies intestate, which means that they do not have a will, the law determines the division of their estate. There are three potential outcomes:
1. If there is a spouse but no children. If there are no descendants, but the deceased was married, the spouse will inherit the entire estate. If a marriage has broken down but there has not been a divorce or Deed or Separation, spouses are still entitled to the estate under the law. If, however, the marriage has been dissolved by a divorce, or a Judicial Separation has been granted to cancel the spousal rights, the former spouse will have no rights to any of the estate. A cohabiting partner is also eligible to make a case for provision from the estate of a deceased partner.
2. If there are children but no spouse. If there is no spouse, the deceased’s estate will be divided equally among any children. It is possible for children to apply for provision to be made to them from the estate if it can be proven that their parent has not met his or her moral duty to provide for them in death. Cases are considered on an individual basis, but it is important to act as soon as possible in such circumstances as there is only a six month period after Grant of Probate in which claims can be made.
3. If there is a spouse and children. If the deceased has a spouse and children, and there is no will, the spouse will be entitled to two thirds of the estate. The remaining third will be shared equally between the children. If it can be proven that the deceased deliberately disposed of property in order to prevent his or her children or spouse from inheriting the property, this may be cause for legal redress and recovery of the proceeds or the property in some cases.
Find Will And Probate Solicitors in Cork
Will and probate are complex areas of the law, and it is essential to have an experienced solicitor on hand to help you with your case. Our solicitors specialize in wills and probate, so talk to us at Irwin, Kilcullen & Co Solicitors for a free consultation without obligation. Simply contact us online or call us today on +021 4270934 to talk to our experienced and helpful team