Home  /  Services  /  Probate  /  Intestacy

If a person dies without having made a Will, or if the Will is invalid for whatever reason, that person is said to have died ‘intestate’. If there is a valid Will, but part of it is invalid then that part of the Will is dealt with as if there was an intestacy. If that happens, your money and property is distributed in accordance with the rules set out in the Succession Act, 1965.

The rules for division of property on intestacy are as follows:

  • If the deceased is survived by:
    • spouse/civil partner but no children
      • the spouse/civil partner gets entire estate
    • spouse/civil partner and children
      • the spouse/civil partner gets two-thirds, one-third is divided equally between children (if a child has already died his/her children take a share)
    • parents, no spouse/civil partner or children
      • estate is divided equally, or entirely to one parent if only one survives
    • children, no spouse/civil partner
      • the estate is divided equally between children (as above)
    • brothers and sisters only
      • the estate is shared equally, or if deceased, the share to go to the children of a deceased brother or sister
    • nieces and nephews only
      • the estate is divided equally between those surviving
    • other relatives
      • estate is divided equally between nearest equal relationship
    • no relatives
      • estate goes to the state.

If you would like us to help you, or you would simply like to have a chat to discuss your options, please don’t hesitate to contact us.




  • Thank you so so much for your amazing work we are so excited to get into our new home.
    A O’D
  • Many thanks for all your help in our case.You and your team are the best. We will for sure recommend your outstanding legal  service to our friends. See you in a few weeks time. 
  • test-no-image
    Thanks Una and all the staff at O’Donnell McKenna for all of your help and professionalism.
    -Aidan M
  • test-no-image
    I recently purchased a property and liaised with Ian McKenna of O’Donnell McKenna solicitors to manage the legal aspe...
    -Tina F
  • test-no-image
    Una made me feel like she was always in my corner. She kept me calm when I was worrying. I was delighted with the outco...
    -Cathy M