Marital status and inheritance. If perhaps you were not hitched or perhaps in a civil partnership.


As soon as your partner dies, your inheritance you were married to each other (or in a civil partnership) from them may depend on whether or not.

you can easily only inherit from your own partner should they left a bequest for your requirements in a legitimate might. Find out about making a might in Ireland.

You may be eligible to this whether or not:

  • They didn’t have a might
  • That they had a might however it is invalid
  • That they had a will that is valid nonetheless it actually leaves small or absolutely nothing to you

Likewise, your dead partner’s status that is marital impact their children’s legal rights to inheritance.

These pages describes your liberties to spousal inheritance, plus the guidelines regarding their children’s inheritance.

For here is how partnership that is civil your directly to inherit, read our document on civil partnership and inheritance.

Spousal inheritance liberties

When your spouse dies, your share of inheritance shall rely on 2 facets, when you yourself have perhaps maybe not already abandoned your entitlements:

  1. Whether or otherwise not there was a legitimate might, and
  2. Whether or otherwise not your dead partner has any kids
  1. There is absolutely no will or the might is invalid, and
  2. Your spouse that is deceased has kiddies or grandchildren

You will be eligible for two-thirds of these property (belongings) if:

  1. There isn’t any might or might is invalid, and
  2. Your dead partner has children or grandchildren

You might be eligible to 50 % of their property (belongings) if:

  1. There clearly was a legitimate might, and
  2. Your spouse that is deceased has young ones or grandchildren

If a lot more than one-half is awarded to you personally within the might, it is possible to insist upon what is lay out into the will.

You may be eligible to one-third of the property (belongings) if:

  1. There clearly was a will that is valid and
  2. Your spouse that is deceased has or grandchildren.

If above one-third is issued to you personally within the might, it is possible to insist on what’s lay out within the might.

Getting the right in law share

If you have a will plus an executor happens to be appointed, then your executor relates to the property. Which means you(the spouse/civil partner) are aware of your right to a legal right share and they must distribute the estate in accordance with the will and the law that they must make sure. You ought not to need certainly to visit court to have this share.

When your spouse or partner that is civil a present for you within their might, you can easily decide to accept the present as opposed to your right in law share. Instead, you are able to require your right in law share (and also the particular present as an element of that right in law share, when it is of less value that the right in law share).

Your spouse’s executor must inform you on paper of one’s directly to choose from these 2 choices. You need to ask for the right that is legal share half a year to be notified, or within year for the taking right out associated with Grant of Representation.

The effect of divorce and separation on inheritance

Casual separation

You did not have a formal separation agreement or divorce, you continue to be spouses in the eyes of the law if you and your spouse were living apart, but. Which means that you’re nevertheless eligible to the right share of your deceased spouse’s estate (belongings).

Legal separation

You may have already renounced or disclaimed (given up) your succession rights if you and your spouse have a formal separation agreement.

Likewise, in the event that court granted you a decree of judicial separation, your succession legal rights would be extinguished (ended) if an purchase to saying this might be produced by the court.

If you’re not sure regarding the succession liberties separation that is following speak to your solicitor for advice.


In a valid will if you are divorced, you are not normally entitled to any inheritance from your ex-spouse when they die, unless they have left something to you.

Kid’s inheritance legal rights

Both marital and children that are non-marital equal legal rights to inherit from their moms and dads. Nonetheless, non-marital kiddies may need to show paternity in case it is disputed. Youngsters’ inheritance liberties are affected by their dead parent’s marital status.

  1. There’s absolutely no will or even the might is invalid, and
  2. The dead moms and dad is perhaps perhaps not hitched, or their partner has already been dead

Nonetheless, kiddies are just eligible for one-third for the estate split similarly among them if:

  1. There’s no will that is valid the might is invalid, and
  2. The dead moms and dad is hitched and is survived by their partner.

Young ones haven’t any absolute straight to inherit their moms and dad’s property in the event that dead moms and dad has produced legitimate might.

In the event that you (the young son or daughter) haven’t been acceptably given to

If your young child(either minor or adult) thinks they will have maybe maybe not been acceptably provided for within their parent’s will, they are able to make a software to the court. The court will decide in the event that moms and dad has “failed inside the ethical responsibility to create provision that is proper the little one relative to their means”.

Each situation is determined on its merits therefore the court talks about the problem through the true perspective of a “prudent and simply” moms and dad. Anybody considering challenging a might on these grounds should get appropriate viewpoint before deciding on the court.

Getting legal services

You should seek legal advice if you want to further information on your inheritance rights.

Employing a solicitor

If you decide to employ a personal solicitor, remember that there’s no fixed price of costs for appropriate costs.

Find some quotes before carefully deciding which solicitor to utilize.

Appropriate help

You should check if you’re entitled to appropriate help by contacting your law centre that is nearest. Appropriate help just isn’t free and everybody must spend a share towards expenses.

Complimentary appropriate advice

FLAC (complimentary Legal information Centres) is a completely independent, voluntary organization that gives legal counsel clinics through the nation. These clinics are private, totally free and ready to accept all.

FLAC has also an information and recommendation line during workplace hours for fundamental appropriate information.

Speak to your nearest Citizens Ideas Centre for informative data on FLAC solutions in your town.