What Happens If I Die Without A Will?

Here at M. W. Keller & Son Solicitors LLP, we have received a huge amount of queries from our clients who are anxious to make a Will or update their current Wills and please see our guidance on this. Our clients have also asked us to address what happens if I die without a will? Irish Legislation is very clear on this topic. The following scenarios illustrate what happens to one estate if this was to happen. The rules of intestacy are as follows:

  1. You die without making a Will (intestate) – remaining spouse where there is no children will get the entire estate.
  2. You die but are survived by a spouse and children – your spouse will get two-thirds of your estate and the remaining one third is divided equally between your children.
  3. You die leaving no spouse but leaving children – your estate is divided equally among your surviving children.
  4. You die leaving parents but no spouse – your estate is divided equally between your parents or if there is only one parent then the estate is given entirely to that one parent.
  5. You die leaving siblings only – the estate is shared equally among them and the children of any deceased brother or sister will take his or her share.
  6. You die leaving nieces and nephews – the estate is divided equally among those who are still alive.
  7. You die leaving further relatives – the estate is divided equally between the nearest equal relationships.
  8. You die leaving no blood relatives – the entire estate goes to the state.


If you have any queries around updating or drafting your Will then please contact thomascarroll@mwkeller.ie. If you have any other legal queries, please note that we are working from home, you can contact us here and we will get back to you as soon as we can.

Will Questionnaire