If a person dies without a will, they are deemed to have died ‘intestate’ and therefore the administration of their estate is governed by the Succession Act 1965.
The rules of intestacy under the Succession Act for a surviving spouse’s share differ slightly depending on whether the deceased left children their surviving.
In this instance, if the husband died leaving children him surviving, his surviving spouse would be entitled to two-thirds of the estate and the remaining third would be divided equally among the children. However, if the husband in this scenario died without children, his wife would be entitled to the entire estate.
However, in addition to this, it is important to establish what property or assets are held jointly as ‘joint tenants’
Joint tenancy attracts the right of survivorship, or ‘last person standing’ rule, regardless of whether a will is in place or not. This means that when one joint tenant died, their interest passes to the other joint tenants automatically rather than being passed to a third party.
Therefore, in these circumstances, if the couple’s family home is held in the joint names as joint tenants, the surviving spouse would automatically be the full registered owner of the home on the husband’s passing.
Property, land and bank accounts can be held in joint names and therefore, it is important to review your assets and consider transferring same into joint names during your lifetime in order to negate any potential issues which may arise on either spouses’ passing.
If you are having difficulties, you can speak to one of our experienced solicitors at McElhinney & Associates, Drumboe Lodge, Stranorlar, Co. Donegal on 074 91 75989 or admin@mcelhinneyassociates.com
*In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement
**This information is for guidance purposes only. It does not constitute legal or professional advice. Professional or legal advice should be obtained before taking or refraining from any action as a result of the contents of this publication. No liability is accepted by McElhinney & Associates for any action taken in reliance on the information contained herein. Any and all information is subject to change.
About the Authors
Jolene McElhinney, BBLS, Principal Solicitor
Jolene McElhinney is the founding principal of McElhinney & Associates, renowned for her expertise in employment law and personal injury claims across the North West of Ireland. With a distinguished academic background and over a decade of experience, Jolene is dedicated to providing personalised, expert support to her clients, ensuring they navigate the complexities of the legal landscape with confidence and clarity.
