Marital status and inheritance

When your partner dies, your inheritance rights will depend on whether or not you were married to each other (or in a civil partnership).

This page explains your rights to spousal inheritance, as well as the rules regarding your children’s inheritance.

If you were not married or in a civil partnership, but you were cohabiting (living together) you will only automatically inherit from your partner if they left a bequest to you in a valid will. Read more about the inheritance rights of cohabiting couples.

For information on how civil partnership affects your right to inherit, read civil partnership and inheritance.

If your spouse dies, your share of inheritance will depend on 2 factors, if you have not already given up your entitlements (see 'Deed of variation' below):

1. Whether or not there is a valid will, and
2. Whether or not your deceased spouse has any children

You are entitled to your spouse’s whole estate (all of their possessions) if:

1. There is no will or the will is invalid, and
2. Your deceased spouse has no children or grandchildren

You are entitled to two-thirds of their estate (possessions) if:

1. There is no will or will is invalid, and
2. Your deceased spouse has children or grandchildren

You are entitled to half of their estate (possessions) if:

1. There is a valid will, and
2. Your deceased spouse has no children or grandchildren

If more than one-half is granted to you in the will, you can insist on what is set out in the will.

You are entitled to one-third of their estate (possessions) if:

1. There is a valid will, and
2. Your deceased spouse has children or grandchildren.

If more than one-third is granted to you in the will, you can insist on what is set out in the will.

Getting your legal right share

If there is a will and an executor has been appointed, then the executor deals with the estate. The executor must make sure that 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. You should not have to go to court to get this share. Read about Making a will in Ireland.

If your spouse or civil partner left a gift to you in their will, you can choose to accept the gift instead of your legal right share. Alternatively, you can insist on your legal right share (and the specific gift as part of that legal right share, if it is of less value that the legal right share).

Your spouse’s executor must tell you in writing of your right to choose between these 2 options. You must ask for your legal right share within 6 months of being notified, or within 12 months of the taking out of the Grant of Representation.

Deed of variation

A deed of variation (also known as a deed of family arrangement) is a legal document that allows beneficiaries to rearrange or vary the entitlements due to them. For example, the beneficiaries may decide that all or part of their entitlement should be redistributed to their children (the next generation), siblings, friends or charity. It is important to get legal and financial advice before deciding to use a deed of variation as there may be tax implications for you and the person receiving the benefit.

Informal separation

If you and your spouse were living apart, but you did not have a formal separation agreement or divorce, you continue to be spouses in the eyes of the law. This means that you are still entitled to the appropriate share of your deceased spouse’s estate (possessions).

Legal separation

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

Similarly, if the court granted you a decree of judicial separation, your succession rights will be extinguished (ended) if an order stating this is made by the court.

If you are unsure about your succession rights following separation, contact your solicitor for advice.

Divorce

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 in a valid will.

Both marital and non-marital children have equal rights to inherit from their parents. However, non-marital children may have to prove paternity if it is disputed. Children's inheritance rights may be affected by their deceased parent's marital status.

Children (whether minor or adult) are entitled to the entire estate divided equally between them if:

1. There is no will or the will is invalid, and
2. The deceased parent is not married, or their spouse is already dead

However, children are only entitled to one-third of the estate divided equally between them if:

1. There is no valid will or the will is invalid, and
2. The deceased parent is married and is survived by their spouse.

Children have no absolute right to inherit their parent's estate if the deceased parent has made a valid will.

If you (the child) have not been adequately provided for

If a child (either minor or adult) believes they have not been adequately provided for in their parent’s will, they can make an application to the court. The court will decide if the parent has "failed in his moral duty to make proper provision for the child in accordance with his means".

Each case is decided on its merits and the court looks at the situation from the point of view of a "prudent and just" parent. Anyone considering challenging a will on these grounds should get legal opinion before applying to the court.

For further information on your inheritance rights, you should seek legal advice.

Hiring a solicitor

If you choose to hire a private solicitor, be aware that there is no fixed rate of charges for legal fees.

Get some quotes before deciding which solicitor to use.

You can find contact information for solicitors throughout Ireland on the Law Society website.

Legal aid

You can check if you are eligible for legal aid by contacting your nearest law centre. Legal aid is not usually free and almost everyone must pay a contribution towards costs.

Free legal advice

FLAC (Free Legal Advice Centres) is an independent, voluntary organisation. A limited number of FLAC phone clinic appointments are offered in conjunction with Citizen Information Services around the country. These appointments are with a volunteer lawyer and are confidential and free of charge. Contact your nearest Citizens Information Centre for information on FLAC phone clinic appointments in your area. FLAC’s Information and Referral Line for basic legal information is open Monday to Friday from 9.30am-1pm.