In the absence of a will, who inherits and how much?

In the absence of a will, the following principles apply to different scenarios:

• If the deceased was unmarried and without children: If a person who has not made a will dies leaving neither spouse nor children, his/her estate shall be distributed between the parents in equal shares if both survive him/her, but, if only one parent survives, that parent shall take the whole estate.

• If the deceased was unmarried and leaves children: If a person who has not made a will dies leaving children and no spouse, his/her estate shall be distributed among the children. If all the children are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.
• If the deceased leaves a spouse: If a person who has not made a will dies leaving a spouse and no children, the spouse shall take the whole estate.

• If the deceased leaves a spouse and children: If a person who has not made a will dies leaving a spouse and children,

• the spouse takes two-thirds of the estate, and

• the remainder shall be distributed among the children. If all the children are in equal degree of relationship to the deceased, the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.

Do partners of a registered or unregistered partnership inherit?

Up to now, Ireland does not recognise same-sex civil partnerships. However, a bill in this respect was introduced in 2009.

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