Dying Without a Will (Intestate) in Northern Ireland

Intestate means dying without a valid Will.

There are separate laws for England & Wales, Scotland, and Northern Ireland if you die without a Will or die with a Will that has been invalidated due to failure of clauses or it has been tampered with or written on.

See: Death No Will England Wales Death No Will Scotland

This article and video explain what happens on death in Northern Ireland without a valid Will.

Jointly Owned Assets

Such as ‘joint tenants’ on your home or a joint names bank accounts means that the whole of all the asset or cash is jointly and wholly owned by both you and your partner.  In short, when you die, your partner already owns the whole property or bank account anyway, so they will automatically own this on your death even without a valid.

Terms to note:

• Issue - means hereditary bloodline children and/or legally adopted children, their children (your grandchildren), great grandchildren and so on
• Per Stirpes - this means equal shares per branch of the family e.g., two children = two branches of the family.  If Fiadh makes a Will leaving her residual estate to her 2 children where 1 child has 2 children and her 2^nd (younger) child has 3 children i.e., there are 5 grandchildren.  If Fiadh’s youngest child has predeceased her then her 1^st child inherits 50% of the estate and with the 2^nd child having passed meaning her 3 children inherit the remaining 50% of the estate divided in 3 equal shares.
• Unmarried/Co-Habiting?  Your 'common law' partner may be entitled to nothing on your death without a Will.

Laws of Intestacy i.e., Death Without a Will in Northern Ireland

Married/Civil Partnership, No Children and No Parents or Siblings Alive

• Your legally married surviving spouse/civil partner inherits 100% of the estate.

Married/Civil Partnership, No Children but Parents or Siblings are Alive

• Your legally married surviving spouse/civil partner inherits
• 1st £450,000 of the estate.
• Personal possessions/chattels.
• 50% of the residual estate.
• If parents are alive, they receive 50% of the residual estate in equal shares.
• If parents have passed but siblings (brothers/sisters) are alive, they receive the 50% of the residual estate.

Married/Civil Partnership With Children (whether alive or predeceased you)

• Surviving Spouse/Civil Partner Inherits
• 1st £250,000 of the estate.
• Personal possessions/chattels.
• 50% of the residual estate (if there is just 1 child and then their ‘issue’ [bloodline]) or 1/3rd of the residual estate (if you have/had 2 or more children and then their ‘issue’ [bloodline]).
• Children Inherit and their issue (their children i.e.  your grandchildren)
• If just one child, your only child inherits 50% of the residual estate (and then their issue if your child has predeceased you per stirpes)
• If two or more children, they inherit 2/3rds of the residual estate in equal shares (and then their issue if any of your children have predeceased you per stirpes).

Single with Children (even if child/children have predeceased you)

• 100% to your children in equal shares (or if any have predeceased you, their ‘issue’ [bloodline] receive that share in equal shares [per stirpes]).

Single with No Children or Bloodline Heirs

Intestacy Laws set a priority order of those that inherit as follows:

1. Parents alive 100%.
2. Siblings (Brothers/Sisters) in equal shares and then their issue (bloodline) per stirpes 100%.
3. Grandparents 100%.
4. Uncles/Aunts in equal shares and then their issue (bloodline) per stirpes 100%.
5. Great Grandparents only in equal shares 100%.
6. Grand Uncles/Grand Aunts only in equal shares 100%.
7. Great Grand Uncles/Great Grand Aunts and their children only in equal shares 100%.
8. Great Great Grandparents only in equal shares 100%.
9. Second cousins only in equal shares 100%.
10. Other next of kin (to the nearest degree) 100%
11. The Crown (King Charles III).

Fees for Wills:  Wills & Probate

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