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Ask a solicitor: What happens when someone dies without a will?
['Deirdre Rafferty', 'Thu', 'Aug']
IrishExaminer.com
Could you explain how the law deals with a situation like this, and who is entitled to administer and inherit the estate?
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.
The right to apply generally follows the same order of priority as entitlement to inherit, beginning with the closest relatives.
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.