Next of Kin
Who is entitled to inherit the estate where there is no Will?
Where there is a Will then the will stipulates who gets what. Where there is no Will then the rules are set out in the Succession Act 1965 and are summarised as follows:
Deceased: | Relatives / none at date of death: | Next of Kin entitled to a share: |
---|---|---|
Married |
No issue (ie child, Grand child, great Grandchild etc) |
Spouse or civil Partner takes all. |
Married |
Children alive |
Spouse/ CP takes two thirds Children take remaining one third in equal shares (children of a predeceased child take their parents share). |
Married |
No Child alive-Issue alive |
Spouse/ CP takes two thirds. Grandchildren take remaining one third. |
Widow or Widower |
Children |
Children share equally. (children of a predeceased child will take their parents share) |
Widow or Widower |
No Issue |
Parents take all. |
Widow or Widower |
No issue/No parent |
Brothers and sisters equally and children of deceased brothers and sisters take their parents share where there are surviving brothers and sisters. |
Widow or Widower |
No issue/No parent No brothers/sisters |
All nieces and nephews share equally. |
Widow or Widower |
No issue/No parent. No brothers/sisters No nieces/nephews |
Grand-parents equally. |
Widow or Widower |
No issue/No parent. No brothers/sisters No nieces/nephews No grand-parents |
Uncles and Aunts equally. |
Widow or Widower |
No issue/No parent. No brothers/sisters No nieces/nephews No grand-parents No uncle or aunts No great grand parents |
First cousins, Great–Uncles/Aunts, Great-nephews/nieces equally. |
Bachelor or Spinster |
No Children |
Parents take all. |
Bachelor or Spinster |
No Children |
Brothers and sisters equally and children of deceased brothers and sisters take their parents share where there are surviving brothers and sisters. |
Bachelor or Spinster |
No Parents/Children No brothers/sisters |
Nephews and Nieces equally. |
Bachelor or Spinster |
No Parents/Children No brothers/sisters No nephew/niece |
Grandparents equally. |
Bachelor or Spinster |
No Parents/Children No brothers/sisters No nephew/niece No Grandparents |
Uncles and aunts equally. |
Bachelor or Spinster |
No Parents/Children No brothers/sisters No nephew/niece No Grandparents No Uncle/Aunt |
Great-Grandparents equally. |
Bachelor or Spinster |
No Parents/Children No brothers/sisters No nephew/niece No Grandparents No Uncle/Aunt No Great-Grandparent |
First cousins, Great–Uncles/Aunts, Great-nephews/nieces equally. |
Why use probate experts?
- At O’Shea Legal you receive an all in fixed fee quote upfront in writing, with no hidden extras, no added % fees, no added hourly rates and nothing more to pay for the service you select. We will not charge you for calling us to see how your case is progressing!
- We are confident of beating any quote so request a Quote now!
- You get the benefit of our extensive expertise with over 30 years experience and hundreds of satisfied clients. Our principal, Eoin O’Shea is highly qualified being a qualified solicitor and having a Diploma in Trusts, Taxes and Estate Planning. He is also a member of the ‘Society of Trusts and Estate Practitioners’ (STEP) and a member of ‘Solicitors for the Elderly’.
- You get the benefit of the best available protections in your dealings with us as the firm is registered with and regulated by The Law Society of Ireland.
- If required, funds may be held by us in a Client Account strictly in compliance with the Solicitors Accounts Regulations.
- You have peace of mind since we carry professional indemnity insurance.
- No upfront payment required when you avail of our full probate service.
- We take care of all the paperwork and trips to the Probate Office. All you do is sign!
- We can arrange for confidential papers, Will and deeds to be collected by hand nationwide for secure delivery to us.
- House maintenance, sale through Auctioneer and legal services can also be arranged as optional extras.
- Our probate experts are experienced in dealing with people recently bereaved and speak to you with compassion and in plain, easy to understand English.
- You need not worry about the paperwork. We write all the letters, complete and file complex Inland Revenue Returns (now 20 pages of questions) and draft all the necessary probate papers.
- We can guide you on how to benefit from Inheritance Tax rules to maximise your inheritance.
- We can place advertisements to protect you from claims against the estate after the estate is wound up.
- We can arrange to pay the funeral expenses from the estate at an early stage to minimise the hassle for you.
- We can process the application for the State death grant.
- With a Diploma in trusts and Estate Planning you get to deal with a highly qualified, professional and reliable firm.
So why not get a no obligation fixed fee quote now. You could save a lot of money. If you have questions, why not call or email us now without obligation and we will be happy to answer your queries without charge.
Disclaimer
No solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between O'Shea Legal and you until you have received confirmation in writing from us in which we confirm our appointment as your Solicitors.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
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‘Thank you for doing the probate work on my father’s estate at a fixed cost. I had been quoted an exorbitant percentage by another firm…..’
‘Your friendly approach and reassuring phone calls helped me through the stressful task of sorting out my uncle’s affairs…..’
BO’B, Terenure,Dublin.
‘…a small gift in appreciation for your attention to detail in getting my sisters estate settled up quickly and keeping the other relatives at bay…’.
J.G. Baltimore, Cork.
‘I had no idea what was involved in being an executor. Thanks for all the help and advice in keeping me on the right path and getting the job done quickly……’
C.C. Churchtown, Dublin.
‘Well done on heading off the threatened probate court case which would have cost the estate thousands in wasted legal fees……’
P.D. Salthill,Galway.