An intestacy arises when somebody dies without a valid Will. The law of intestacy in the Republic of Ireland is governed by the Succession Act 1965. The 1965 Act pays particular attention to Article 1 of the Irish Constitution, which provides constitutional protections to the ’family’ unit, ensuring that some entitlement is given to the deceased individual’s immediate family if they should die without making provision for them.

The process of administering someone’s estate can be a lengthy and laboured process. There are many steps to take between someone being left a legacy gift in a Will, to them finally receiving it. The person with the responsibility of ensuring that the estate is administered correctly is known as the ‘executor’ (if the deceased made a valid Will) or the ‘administrator’ (if the deceased did not leave a Will or their Will is invalid). The person in charge of administering the estate is personally liable to discharge the money owed by the estate, to ensure that all gifts have been allocated to the intended parties, and to make suitable provisions if they are unable to do so. Understandably, this can cause many headaches to arise for the executor/administrator appointed.

Making a Will can be a daunting task, as very few of us want to consider a time when we are gone. It is common to find people ‘putting off’ making a Will, and often people intend to make a Will but never get around to it, leaving their family and friends to pick up the pieces during an already sorrowful time following the death of a loved one.

The best way to avoid this happening is to have your Will drafted, outlining your wishes, distributing your property as you see fit.

Intestacy is the set of legal rules which apply when somebody dies without leaving a Will. It can also come into effect if someone left a Will, but it is invalid or if there is a valid will which effectively disposes of only some of the testator’s estate, a partial intestacy will arise.

The law of intestacy in Northern Ireland is governed by the Administration of Estates (Northern Ireland) Act 1955. These rules can be complicated, and there is no automatic appointment of an individual to help administer the estate.