Division of Inheritance in Ireland

Division of Inheritance in Ireland

Updated on Friday 08th October 2021

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Division-of-Inheritance-in-Ireland.jpgFollowing the death of a person, the parties who are entitled to inheritance will receive the respective assets. In the case of persons who have signed a will in Ireland, the inheritance will be divided as prescribed in the document, but only in accordance with the legal requirements imposed under the Irish legislation. However, the will is not a compulsory document and if the person did not draw this document, the division of inheritance will be performed following the rules prescribed by the Succession Act 1965. Our team of Irish lawyers can assist with legal advice on the manner in which inheritance can be divided to the entitled parties. 

Inheritance of married persons in Ireland 

Persons who are married in Ireland are entitled to receive their spouses’ assets, regardless if the latter signed a will or not or if the will is declared invalid by the local authorities. Married persons are entitled to a legal share, which can vary depending on the existence of a valid will and if the couple has children. Our team of lawyers in Ireland can provide in-depth information on the requirements of a valid will

Division of estate in Ireland 

The surviving spouse can receive the entire estate of the deceased partner in the situation in which the latter did not complete a will prior to his or her death. At the same time, the spouse can inherit the entire estate if the couple did not have any children
The value of the inheritance is reduced to two thirds of the entire estate if the couple has children or grandchildren and if the deceased person did not sign a will. The rest of the estate will be divided equally amongst the couple’s children. It is important to know that if the couple has children and one of them died, the other children will receive the share of the deceased brother. In the situation in which there is a valid will and the married couple has children or grandchildren, the surviving spouse can inherit half of the estate
Our team can help you conclude a power of attorney in Ireland if you need assistance during the division of the estate.
In the situation of intestacy (where the inheritance was not established through a will) in which the deceased does not have any relatives, the persons’ estate will be inherited by the Irish state and persons interested in these matters can contact our law firm in Ireland for further legal advice.