Intestacy in Northern Ireland
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 — in these circumstances, 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. Under a Will, this role is fulfilled by the executor; in the case of an intestacy, one will have to apply to the High Court (Chancery Division) for a grant of letters of administration in order to be appointed as administrator of the estate.
Who can act as Administrator?
The criteria for who can act as administrator of an estate is outlined in the Administration of Estates (Northern Ireland) Order 1955. It is at the discretion of the Court who they appoint as the administrator, and the Court usually follows the following priority:
The deceased’s spouse/civil partner;
Child of the deceased;
Issue of the child of the deceased (if the child predeceased them);
Parents;
Siblings;
Grandparents;
Aunts and uncles.
It is possible for up to four people with equal entitlement to apply on the same application for letters of administration. This does not affect the entitlement of the other administrators to act within their role. It is possible to make a personal application, however trying to locate all of the deceased’s assets — and taking into consideration all of the relevant legal requirements — can be extremely complicated. Therefore, it is strongly advisable to instruct an experienced Private Client Solicitor to assist with the administration of an estate.
Administering the Estate
In Northern Ireland, the value of the estate is key to establishing entitlement to inheriting either part, or the entirety, of the estate.
If the deceased owned assets worth under £250,000, then the entirety of their estate passes onto their surviving married spouse or civil partner. If they were not survived by a spouse or civil partner but were survived by their children, then the entirety of the estate is divided equally between their children.).
For estates worth over £250,000, the surviving married spouse or civil partner does not automatically inherit everything. Rather, they are entitled to inherit the intestate person’s personal chattels, £250,000 tax free (up to £450,000 if the deceased had no children), and then a remainder share of the estate of either one-half (if the deceased had only one child) or one-third (if the deceased had more than one child).
This is a general overview, with many more aspects — such as inheritance tax — to consider for the estate to be administered legally and properly. If the deceased had a partner, but they were not married or in a civil partnership at the date of death, the surviving partner has no automatic entitlement to the deceased’s estate.
Disputes
Disputes arising over the division of an intestate person’s estate can be brought before the courts under the Inheritance (Provision for Family and Dependents) (Northern Ireland) Order 1979. This can occur if someone feels overlooked, for example, an unmarried partner or a stepchild. However, these proceedings can be lengthy and costly, and there is no guarantee that the Court will agree with the position of the applicant.
While the law of intestacy exists to ensure that some provision is made for the next-of-kin of the deceased, it is an automatic entitlement, and one which can be contested in the Courts. Should somebody die intestate, it is highly advisable to seek professional legal advice and support to reduce the risk of liability to the estate and to ensure the estate is managed correctly. Our Private Client team are well-versed in advising on intestate estates in both jurisdictions in Ireland, and can guide you through the process of administration.