Succession on Death

Nature of Will A Will is a document made by a person directing to whom his property and assets shall pass upon death. Any document which deals with the transmission of property, to take effect on death, is a Will, even if it is not labelled as such.… Read the rest

Background Where a person dies without a will, he or she is said to die intestate.  The Succession Act sets out who inherits the assets of a person who dies intestate. The rules also apply where a will was made, but it is ineffective or partly ineffective.… Read the rest

Freedom to Leave Assets by Will To a large extent, a person is free to leave his assets to whomsoever he wants. This freedom is subject to the legal right share of a spouse or civil partner and to the right for children to apply to the court, where the deceased has failed in his moral duty to make proper provision in accordance with means for them.… Read the rest

Overview Countries take different approaches to the extent to which a person is free to dispose of his assets on death.  In France and some other continental countries, children have a very strong right to the bulk of a deceased’s assets. … Read the rest

Right of Children Children do not have an automatic right to benefit. A deceased may choose not to give particular children or indeed any of his children, any benefit at all. Even where the spouse has not survived, it does not follow that his children have an entitlement to any share.… Read the rest

Interpretation of Wills There are well established principles of interpretation of Wills.  A Will takes effect at the date of death.  It takes effect with reference to the assets and liabilities of the deceased, at the date of his death.… Read the rest

Equitable Principles There have been many cases in which the Irish courts have been willing to find that equitable rights exist in a succession context, which overrides a will or intestacy will. In the context of property, estoppel may be used to positively assert a right. … Read the rest