Ask a solicitor: What happens when someone dies without a will?

When there is no will, the order of entitlement is fixed, and only those who fall within the relevant category at each level can inherit, writes rural solicitor Deirdre Rafferty

Only where there are no siblings or their descendants does the estate pass further along the family line to more distant relatives.

Dear Deirdre,

A relative of mine recently passed away, leaving behind a small parcel of land and some savings, but it appears no will was ever made. There is no spouse or children, and while there are a number of us in the extended family, it is not clear who is actually entitled to deal with the estate or benefit from it.

There is already some uncertainty among family members as to who should take responsibility for matters, and concerns have been raised about whether certain individuals may have a greater claim due to their involvement with the deceased during their lifetime.

Could you explain how the law deals with a situation like this, and who is entitled to administer and inherit the estate?

Dear Reader,

The situation you describe is one that arises quite frequently, particularly where no clear arrangements have been put in place during a person’s lifetime. When a person dies without making a will, their estate is distributed in accordance with the rules of intestacy, as set out in the Succession Act 1965. These rules apply strictly and do not take into account what family members may believe the deceased intended.

In the absence of a spouse or children, the law looks to the next closest relatives. If the deceased’s parents are still living, they are first in line to inherit. Where the parents have already passed away, the estate passes to the deceased’s brothers and sisters in equal shares. 

If any sibling has predeceased, then that sibling’s children — being the nieces and nephews of the deceased — step into their place and inherit that share.

Only where there are no siblings or their descendants does the estate pass further along the family line to more distant relatives. 

The order of entitlement is fixed, and only those who fall within the relevant category at each level can inherit. It is important to note individuals who may have been close to the deceased, such as friends or carers, do not have any automatic entitlement under intestacy.

Separate from the issue of who inherits is the question of who is entitled to administer the estate. Where there is no will, there is no appointed executor. Instead, an application must be made to the Probate Office for a grant of administration. The right to apply generally follows the same order of priority as entitlement to inherit, beginning with the closest relatives.

The person appointed as administrator takes on responsibility for gathering in the deceased’s assets, discharging any debts or liabilities, and ultimately distributing the estate in accordance with the legal rules. This role carries legal obligations and must be undertaken carefully and properly.

Difficulties often arise where there are differing views within a family, particularly where one individual feels their contribution to the deceased’s care or affairs should be recognised. While such contributions may be significant from a personal perspective, the intestacy rules do not allow for variation based on these factors. The estate must be distributed strictly in line with the legislation.

Where land is involved, as in your case, it is particularly important to establish matters clearly at an early stage. Property passing to multiple beneficiaries can give rise to practical complications, especially where agreement is required as to its future use or disposal. Uncertainty as to entitlement can also delay the administration process.

In circumstances where disagreement is already emerging, it is advisable that the person with the strongest entitlement under the act takes steps to apply for the grant of administration without delay. Early engagement can help to bring structure to the process and reduce the scope for further dispute.

You may wish to engage a solicitor to assist. A solicitor can identify the appropriate next of kin, advise on entitlement, and manage the application process, ensuring the estate is administered in a clear and orderly manner.

Ultimately, intestacy provides a rigid framework designed to deal with situations where no will exists. While it offers certainty from a legal perspective, it does not always provide a practical or satisfactory outcome for families, particularly where assets such as land are involved.

Deirdre Rafferty is an experienced litigator who joined Walsh & Partners LLP in 2025. She practises in the areas of litigation and private client matters, predominantly in relation to Supreme Court, Court of Appeal, High and Circuit Court matters.

Email: [e-mail] 

Web: www.walshandpartners.ie

• While every effort is taken to ensure the accuracy of the information contained in this article, solicitor Deirdre Rafferty does not accept responsibility for errors or omissions, howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity.