No Will Found or Death Without A Will – By Cork-Based Solicitor
Welcome to Johnson & Co, Solicitors, A Local Firm Of Solicitors In Cork City. Are you in a situation where a a loved one has died, or you have been named as an executor of an estate?
If so, and no will has been found or the will is not valid, there may be a number of explanations.
• There was no will ever made
• A will was made but it is lost
• A will was made but it is not valid
• A will was made but the assets left in the will no longer exist
• A will was made but the beneficiaries named in the will are no longer alive
In situations like these, Irish inheritance law is quite specific about what should be done. At Johnson Solicitors, Cork, we can offer you a wealth of expert knowledge and a sympathetic but efficient service. Whatever your needs, you can rest assured that we have extensive experience in helping people in your situation to manage an intestate estate as well as to deal with matters relating to intestacy, probate, being an executor, wills and inheritance law in Ireland. We offer pro-active and cost-effective solutions to what can be complicated and difficult disputes. This page has some useful information about where there is no valid will. You may also be interested in our pages about Wills, Probate and administration of estates and Inheritance and Disputed Estates Claims. Our page on Probate Jargon may also be useful
What is intestacy? What does ‘to die intestate’ mean?
If a person dies without a valid Will, they are said to have died intestate. Their belongings, including all money, property and posessions, in this case are called an ‘intestate estate’. In this event, there are specific rules that decide who receives what, and these are known as Intestacy Rules. For example, in a simple situation when a husband dies leaving a wife and children but no will (or no valid will), the wife is entitled to inherit 66% of the estate and the children are entitled to share the remaining 33% of the estate. If the deceased is survived by
- spouse but no children – spouse gets 100% of the estate.
- parents, no spouse or children – the parents get 100% of the estate .
- children, no spouse – divided equally between children.
What is a valid will?
A valid will is one which will satisfy the requirements of the Probate Office of the High Court in Ireland. The most basic legal requirements of a will are
- the person must have been aged 18 or over
- the will must be in writing
- the document must have been signed at the end by the testator
- the signature must have been written or acknowledged in the presence of two witnesses, both present at the same time and
- the witnesses must have signed in the presence of the testator, but not necessarily in each other’s presence.
Other examples of Intestacy
Even if a will satisfies the above requirements there may be other reasons why it might not be a valid will. Or there may be no will found after death.
- A will was made but the assets left in the will no longer exist;
- A will was made but the beneficiaries named in the will are no longer alive;
- the witnesses benefit under the will;
- not all the assets of the deceased were left in the will (Partial Intestacy);
- the decease married after making the will without making a new will;
- the deceased may have destroyed a valid will in error;
- the will may be lost or destroyed.
What Happens If No Will Is Found?
If a valid will has been found, it must be submitted to a Probate Office in order to prove it is valid. An executor is then appointed to distribute the assets of the estate. If no valid will has been found, an ‘Administrator’ must apply to the Probate Office for a ‘Grant Of Administration’ before being allowed to distribute the assets.
No valid Will? We can help
At Johnson & Co, Solicitors we have extensive experience in advising families where there is no valid will. Please call us on …… or email ….. for a sympathetic, professional and cost-efficient service.
Book a telephone or face-to-face consultation with an experienced solicitor.
Call021 484 7771
or email email@example.com