Throughout our lives we have full control over our assets. We, and we alone, get to decide how to spend our pay cheques at the end of the month, and so we should. We’ve worked hard for that money and we should be free to do whatever we want with it. So why would we give up this right when we die?
There is a saying, “the Will speaks from the grave”; it is our last chance at having our say as to what will happen to all the assets we have accumulated during our lifetime. If we die without making a valid Will, we give up this right. We can no longer decide what happens to our assets, that is now decided by the Law according to what is known as the Rules of Intestacy.
In Ireland, who gets what depends on whom your surviving relatives are at the date of your death. The table below outlines who will get what if you die without making a Will.
| Surviving Relatives | Each person’s share of your estate |
| A spouse/civil partner but no children (or grandchildren) | Spouse/Civil Partner: the estate. |
| A spouse/civil partner and children |
Spouse/Civil Partner: 2/3rd of the estate. Children: 1/3rd of the estate is divided equally among them.
Note: If one of your children died before you, that share will go to their children |
| Children, but no spouse/civil partner |
Children: the estate is divided equally among them.
Note: If one of your children died before you, that share will go to their children |
| Parents, but no spouse/civil partner or children |
Parents: the estate is divided equally between your parents
Note: if only one is living then the entire estate is given to the surviving parent |
| Brothers and sisters only |
Siblings: the estate is divided equally among them.
Note: with the children of a deceased brother or sister taking his/her share. |
| Nieces and nephews only | Nieces & Nephews: the estate is divided equally among those surviving |
| Other relatives | Nearest equal Relatives: the estate is divided equally between them |
| No relatives | The State: the estate goes to the State |
You may not be happy seeing your hard-earned money/assets distributed in this way following your death. The way to avoid that is to consult your Solicitor and make a Will. By making a Will, you will ensure that your assets pass to the people you want to benefit. When making your Will you can also ensure that your assets pass in a tax efficient way and your Solicitor can also advise you about this.