It’s an inheritance one

[Adviceforfriendpl]

I hope this is the right place to post. I told my friend I would post here incase any of you lovely people have some advice please. Thank you.

Sadly my friend’s elderly Irish aunt died in Ireland a few years ago - my friend had been close to her aunt and the aunt had kindly left my friend and my friend’s only sibling some inheritance. Although this money has not been released yet as it’s taken a while to sort; it’s expected to be finalised in 2025.

Tragically, about a year after my friend’s aunt died, my friend’s only sibling died. The sibling had been estranged from their partner for over a year, but they were still legally married; the sibling was literally sorting out a will to ensure estranged partner did not inherit from them the day they died. The estranged partner found them dead, and due to this sibling dying intestate, the estranged partner inherited their estate.

Sorry this is long! This brings me to the Irish aunt’s inheritance. My friend said because her now passed sibling did not have children - her sibling’s next of kin remains her estranged partner and this estranged partner will now inherit her sibling’s part of the Irish aunt’s inheritance.

My friend is very upset at the estranged partner - the estranged partner won’t even let her see the coroner’s report on how her sibling died or tell her where her sibling’s ashes are buried.

So my friend was very distraught tonight telling me about how this estranged partner will now inherit from her aunt, who the estranged partner has never met, because technically they are considered next of kin to her deceased sibling.

It was the estranged partner who had left the sibling a year before the sibling had died. Is it true in Ireland the estranged partner is the next of kin even if they are estranged? Is next of kin considered the legal partner only - would my friend as her sibling also not be next of kin?

thank you

I’m not an expert but I think it would hinge on two factors

• did the sibling actually make the will?
• was the separation legal, or informal

A will could partially disinherit an estranged spouse (I think they would only be entitled to claim half instead of the whole amount)

Had they formalised the separation? If they signed a Deed of Separation, they might have negotiated inheritance, but the estranged spouse would still have a legal right to share. I’m guessing there wasn’t a judicial separation at this point?

There is also a possibility that the spousal share could be contested if they are deemed to have deserted the spouse. I’m not sure how far that would get because that predates the concept of legal separations. best consult a solicitor. Also if foul play was involved that would be the other grounds for a spouse not to inherit.

But unless it’s a really large estate, contesting it will only benefit the lawyers.

Has probate been granted yet? Typically a Will will say something like "I leave equal share to Niece A and Niece B, but if either share fails, the share that has failed shall accrue to the share that has not failed." So in this instance it would mean if one Niece dies, their share goes to the other Niece. Providing this happens before probate is granted it should take effect. If probate has been granted then indeed, the next of kin would get the share.

You need to talk to a solicitor, OP. I imagine it will depend entirely on the wording of the aunt’s will, and whether the friend’s sibling had actually made their will on the day of their death.

Thanks for replying - yes unfortunately no will and no formal separation document.

Thanks for replying - a copy of the will had been made but not formally signed and went missing.

Thanks that’s helpful I will mention to my friend

The sibling was legally married with no children so with no agreement or will in place their spouse gets the estate.

https://www.gov.ie/en/publication/bbc5d-succession-rights-in-ireland/

And the death cert and any inquest is public accessable information

Death cert can be ordered on line
https://www2.hse.ie/services/births-deaths-and-marriages/order/death-certificate/

https://www.citizensinformation.ie/en/death/sudden-or-unexplained-death/inquests-and-inquest-reports/

If there was a public service try searching here :
https://rip.ie/

Hope that helps

thank you - although sorry I should have thought to say the sibling lived and died overseas