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<p><span style="color:hsl(0,0%,0%)"><i>This article is one of a series and while it can be read on its own, it is designed to be read along with the two articles “</i></span><a href="https://rip.ie/legal-and-financial-advice/why-make-a-will-254"><span style="color:hsl(0,0%,0%)"><i>Why Make a Will</i></span></a><span style="color:hsl(0,0%,0%)"><i>” and “</i></span><a href="https://rip.ie/legal-and-financial-advice/what-should-you-consider-when-making-a-will-257"><span style="color:hsl(0,0%,0%)"><i>What Should You Consider When Making a Will?</i></span></a><span style="color:hsl(0,0%,0%)"><i>”   </i></span></p><h3><span style="color:hsl(0,0%,0%)">Introduction</span></h3><p><span style="color:hsl(0,0%,0%)">If you don’t make a will, the State makes all the decisions for you.  Instead of you choosing who gets what and who manages your affairs, the State steps in and divides everything (your assets) between your family members. </span></p><p><span style="color:hsl(0,0%,0%)">In legal terms, dying without a will is called dying Intestate. This means that the State decides on the division of your estate and, based on that, who manages your affairs after you die.</span></p><p><span style="color:hsl(0,0%,0%)">The law covering this is the Succession Act, 1965.  Although the law has been updated since this legislation was enacted, it obviously cannot take your personal wishes into account. You know - much better than any piece of legislation - how you would like your assets to be divided and who should be in charge of managing this process.</span></p><h3><span style="color:hsl(0,0%,0%)">What Happens my Assets if I die Intestate?</span></h3><p><span style="color:hsl(0,0%,0%)">If you die intestate – that is, without a valid will - the Succession Act of 1965 governs how your estate is distributed, depending on your closest surviving relatives. </span></p><p><span style="color:hsl(0,0%,0%)">There are different rules for single people, with or without children, and married people with or without children.  Civil Partners have broadly the same rights as spouses. A person you are living with (your “cohabitant”) does not have the same rights as a spouse, but does have the right to sue your estate for provision.</span></p><p><span style="color:hsl(0,0%,0%)">For instance, if you die intestate as a single person without children, your estate goes to your parent or parents. If your parents died before you, it goes to your brothers and sisters. The children of a brother or sister who died before you take their late parent’s share. If all your brothers and sisters have died before you, your nephews and nieces share your estate equally.</span></p><p><span style="color:hsl(0,0%,0%)">In cases where a single person dies leaving children, the entire estate goes to the child or is divided equally among all the children. However, this presents a practical difficulty when the children are under the age of 18 and no trustees have been appointed to manage the estate on their behalf. The surviving parent must apply for the legal right to administer the estate, but complications arise if that parent is a cohabitant. In such cases, they may also bring a legal claim against the estate in their own right, creating a potential conflict of interest while also acting on behalf of the child. </span></p><p><span style="color:hsl(0,0%,0%)">If you are married or in a Civil Partnership and die without children, your spouse or civil partner gets everything. If you are married or in a Civil Partnership with children, your spouse or civil partner gets 2/3rds and your children share the remaining 1/3<sup>rd</sup>.  Once again, if any of your children are under 18, somebody has to mind their share for them.</span></p><p><span style="color:hsl(0,0%,0%)">Importantly, the legislation does not take into account the specific needs of your children or their life circumstances. The legislation operates on the principal of equality, but equal division does not always result in fairness, especially when children have special needs and specific circumstances. </span></p><h3><span style="color:hsl(0,0%,0%)">Who Takes Care of Things if I die Intestate?</span></h3><p><span style="color:hsl(0,0%,0%)">As nobody has been appointed to manage your affairs, the legislation determines who takes on this role. It goes to the person/persons who are legally entitled to inherit your estate. </span></p><ul style="list-style-type:disc"><li><span style="color:hsl(0,0%,0%)">If you were married, your surviving spouse is the only person entitled to act, whether you leave children or not. </span></li><li><span style="color:hsl(0,0%,0%)">If you were widowed, or a widower, your children are equally entitled. </span></li><li><span style="color:hsl(0,0%,0%)">If you were a single person without children, your parent or parents act. This can sometimes cause difficulties. For example, your elderly parents may be left with the responsibility of managing your estate while grieving your loss. When there are no surviving parents, the role passes equally to your brothers and sisters. If none of your siblings are alive, your nephews and nieces are equally entitled to act. </span></li></ul><h3><span style="color:hsl(0,0%,0%)">Summary</span></h3><p><span style="color:hsl(0,0%,0%)">We would encourage everyone, particularly anyone with a child or children to make a will. Quite simply, by leaving a will you make all the necessary decisions. A will makes it much more straightforward to manage your affairs and you can take the needs of your family members into account.</span></p><p><span style="color:hsl(0,0%,0%)"><strong>Padraic Courtney is a Solicitor and Secretary to the Probate, Administration &amp; Trusts Committee of the Law Society of Ireland. </strong></span></p><p><span style="color:hsl(0,0%,0%)"><i>Disclaimer: Please note that this article is for general information purposes only and does not purport to be legal advice. While every care has been taken in its production, no legal responsibility or liability is accepted warranted or implied by the author, publishers or the Law Society of Ireland in respect of any errors, omissions or misstatement. Readers are advised to seek independent professional legal advice before acting on anything in this article.   </i></span></p>

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What Happens if You Don’t Make a Will?

<p><i>Grief following the death of a family member can affect people in many different ways. </i></p><p>One practical consequence may be a reduction in household income, which can add financial strain to an already difficult time.</p><p>In the midst of bereavement, it can be hard to focus on practical matters—especially if the deceased was the one who managed the family finances. Dealing with outstanding debts may feel overwhelming, but the following guidance is designed to simplify the process and offer practical support.</p><h3>Understanding Probate and Estate Management</h3><p>When someone dies, their estate enters a legal process called probate. This process is managed by a representative:</p><ul><li>An executor (if there is a will)</li><li>An administrator (if there is no will – known as intestate)</li></ul><p>This person is responsible for preparing an inventory of the deceased’s assets and debts.</p><h3>Identifying the Estate and Gathering Financial Documents</h3><p>An estate includes:</p><ul><li>All monies, bank accounts, investments, pensions, policies, and properties (solely or jointly owned)</li><li>Liabilities such as mortgages, loans, and household bills (e.g. utilities in the deceased’s name)</li></ul><p>If utility bills or tenancy agreements were solely in the deceased’s name, addressing these promptly helps ensure continuity of supply and the family’s right to remain in the home.</p><p><strong>Support is available:</strong><br />The Money Advice &amp; Budgeting Service (MABS) offers free and confidential guidance: <a href="https://www.mabs.ie/en/">www.MABS.ie</a></p><h3>Requesting Information on the Deceased’s Assets and Liabilities</h3><p>Creditors must be informed of the death. They may request:</p><ul><li>A copy of the death certificate</li><li>Proof of relationship to the deceased</li></ul><p>Important note:<br />GDPR does not apply to the records of a deceased person, so access cannot be granted under this legislation.</p><p>However, the Data Protection Commissioner may accept requests under Freedom of Information (FOI). These must be:</p><ul><li>Made in writing</li><li>Accompanied by proof of relationship to the deceased</li></ul><p>More information: <a href="https://www.citizensinformation.ie/en/government-in-ireland/how-government-works/standards-and-accountability/freedom-of-information/">Freedom of Information – Citizens Information</a></p><h3>Paying Debts from the Estate</h3><p>The estate is responsible for settling the deceased’s debts. Typically, the following are paid first:</p><ul><li>Funeral expenses</li><li>Testamentary and related costs</li></ul><p>If the estate has sufficient funds or assets, debts are paid before any inheritance is distributed.</p><p>Special considerations:</p><ul><li>Credit Union deposits under €27,000 can pass to a nominated person without forming part of the estate.</li><li>Joint accounts may also bypass the estate.</li><li>Credit Union debts may be covered under their insurance scheme.</li></ul><p>If the estate is solvent but insufficient, a legal hierarchy determines which debts are paid first.</p><p>If there are no assets, the estate is considered insolvent, and the debts may go unpaid.</p><h3>Types of Debts</h3><h4>Secured Debts (e.g. Mortgage on the Family Home)</h4><p>Mortgage repayments must continue unless mortgage protection insurance or life cover is in place.</p><p>A mortgaged property may need to be sold if:</p><ul><li>No mortgage protection/life cover exists</li><li>The estate lacks sufficient funds</li><li>The family cannot afford repayments</li><li>The mortgage cannot be paid off in full</li><li>The family cannot refinance the mortgage</li></ul><h4>Preferential Debts</h4><p>These include:</p><ul><li>Taxes</li><li>Social insurance</li><li>Debts owed to the state at the time of death</li></ul><h4>Secondary or Unsecured Debts</h4><p>Examples include:</p><ul><li>Credit cards</li><li>Personal loans</li><li>Medical bills</li></ul><p>If the estate lacks sufficient funds:</p><ul><li>These debts may go unpaid</li><li>Creditors may write off the debts or attempt to collect from the estate</li><li>Creditors cannot pursue family members unless the debts were co-signed or guaranteed</li></ul><h4>Joint or Guaranteed Debts</h4><p>Debts in joint names or those that were guaranteed remain the responsibility of the surviving party or guarantor. They may be liable for the full balance.</p><h3>Inheritance and Creditors</h3><p>If a family member receives an inheritance, creditors may attempt to claim against it to settle outstanding debts.</p><h4>Inheriting Debts</h4><p>If the inheritance is less than the value of the deceased’s debts:</p><ul><li>You may not be responsible for those debts</li><li>This applies if the debts were solely in the deceased’s name and not co-signed or guaranteed</li></ul><h3>Legal Advice</h3><p>Legal advice is essential—especially in complex cases. Professional guidance can help ensure the estate is managed correctly and fairly.</p><h3>Conclusion</h3><p>The deceased’s estate is responsible for paying their debts, unless those debts were co-signed or guaranteed by someone else.</p><p>If the estate can cover the debts, they are paid. If not, creditors may not be able to collect, and the debts may go unpaid.</p><h3>Links and Resources</h3><ul><li><a href="https://www.mabs.ie/en/">www.MABS.ie</a></li><li><a href="www.CIC.ie">www.CIC.ie</a></li><li><a href="http://www.FLAC.ie">www.FLAC.ie</a></li></ul>

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Dealing with the Debts of a Deceased Family Member

<p>It’s important to remember that while children’s understanding and reaction to death varies according to their age, even very young children are affected by the absence or “disappearance” of a primary caregiver.</p><p>Understanding that death is permanent is not something young children—possibly up to the age of five or six—can grasp. They often see death as temporary and assume the person will return. In a gentle and caring way, it’s essential to communicate that when someone dies, they do not come back. This message may need to be repeated many times over the months following a death.</p><h3>Use Clear, Factual Language</h3><p>Children are very literal in their understanding of language. For example:</p><ul><li>If a child is told the dead person has “gone away,” they may assume they will come back.</li><li>If told the person is “asleep,” they may expect them to wake up.</li></ul><p>It is critically important to use factual language such as <i>coffin</i>, <i>dead</i>, <i>funeral</i>, and <i>graveyard</i> when talking to children about death. No matter how clear we are, we cannot give young children a full understanding of a process that requires developmental growth. However, honesty, factual language, and emotional support will help them begin to process the death as they develop cognitively.</p><h3>Supporting Children Aged Seven and Older</h3><p>From about the age of seven or eight, children begin to slowly understand the concept of the permanency of death. To help children in this age group cope and build understanding, the following areas should be addressed:</p><h4>1. Information</h4><p>Children often know very little about death or the rituals surrounding it, which can add to their sense of panic and fear. Provide clear explanations about what will happen at a wake, funeral, and burial. Tailor the explanation to the child’s age and offer a promise to update them with further information—this promise must be kept.</p><h4>2. Inclusion</h4><p>Once a child has received a clear explanation, they should be given a choice about how much they wish to be involved. Attending a wake or funeral is not detrimental to a child’s well-being, provided they are properly supported.</p><h4>3. Routine</h4><p>Children thrive on routine. While it may be difficult to maintain during the time of a death and funeral, routine helps children—especially very young ones—feel secure and cope with the disruption.</p><h4>4. Emotional Support</h4><p>If the child’s primary caregiver has died or is deeply affected by the death, someone the child likes and trusts should take on the role of answering questions and providing reassurance.</p><h3>Every Child Grieves Differently</h3><p>Every child develops an understanding of death at a different pace. A full understanding does not happen in childhood, but the emotion of loss is certain. With honesty, support, and age-appropriate communication, children can begin to process grief in a healthy way.</p><p> </p>

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How Children Understand Death: Age-Appropriate Support for Grieving

<p><i>In this deeply personal piece, </i><a href="https://darranbourke.com/"><i>Darran Bourke</i></a><i> — a Tipperary-based funeral singer — reflects on the emotional and spiritual role music plays in helping families navigate grief. Drawing from his own experiences and faith, Darran shares how singing at funerals is far more than a performance; it’s an act of compassion, connection, and care.</i></p><h3>The Practical and the Personal</h3><p>Some people, I feel, look at what I do as being very practical: I turn up, I sing the hymns, I pack up, and I leave. And they’re not entirely wrong. But I would argue there’s also a very spiritual and compassionate side to it. If I only looked at a funeral from a practical standpoint, I wouldn’t be very good at my job. If I can’t put any feeling into what I’m singing, then who in their right mind would hire me?</p><h3>Understanding Grief, One Family at a Time</h3><p>There are a lot of elements to a funeral from a singer’s perspective, a lot of things we need to know, like the <a href="https://rip.ie/grief-and-bereavement-support/funeral-mass-and-service-readings-formats-and-resources-292">funeral mass and the running order</a> of the service, and so on. To put a personal stamp on each funeral, it’s also essential to know something about the person who has passed, to get to know them a little, and to understand their family.</p><h3>No Two Losses Are the Same</h3><p>You see, everybody is different. Everybody’s grief is different, and grief varies in so many ways; it all depends on the circumstances of a loved one’s passing. For example, sudden death, a tragic ending, a long illness, or an elderly person who’s lived a full life, all of these hurt differently. And then each individual suffers differently. If a man dies leaving behind a wife and children, it’s an entirely different loss for his wife than it is for his children. The only thing that unites them all is that, no matter the age or the circumstance of death, the loss is always big.</p><h3>Bringing Empathy to the Conversation</h3><p>And I think everybody should know that. Everyone should know and understand what a person is most likely to be going through in times of loss. Most of us have been there. For me, as a funeral singer who has also experienced many personal losses, both among friends and family, it has definitely helped me become more understanding and empathetic towards the families I meet during their time of loss. Because I’ve experienced my own loss, I have a sense of theirs.</p><p>It’s given me the understanding that I must make the conversation I’m about to have with a family as stress-free and as gentle as I possibly can. I try to give them the basic information, like the format of the mass and where hymns and songs can be placed, and to find out all I can about the person, which might help me suggest hymns and songs to the family.</p><h3>Listening and Responding in the Moment</h3><p>There are often times when a family is happy to just trust my judgement when it comes to choosing the hymns and songs. Because of this, I always listen to the words of the priest and his perspective, and I listen to the <a href="https://rip.ie/grief-and-bereavement-support/how-to-write-a-eulogy-a-guide-to-creating-a-meaningful-tribute-290">eulogy,</a> as it might often lead me to change direction when it comes to choosing hymns or coming up with appropriate song ideas. </p><p>Then, on the day of the funeral, it’s just about being there in the moment, giving everything of myself to that soul and to the <a href="https://rip.ie/grief-and-bereavement-support/poems-and-verses-for-remembering-loved-ones-ripie-291">family who mourn</a>.</p><h3>Faith, Compassion, and the Power of Song</h3><p>I have a deep faith in my Christian beliefs, so for me personally, when it comes to singing at a funeral, I’m singing to praise God and to pray for the soul who lies before Him in song, so that they may enter His Heavenly Kingdom. I’m also singing in prayer to give comfort and strength to the family who mourns.</p><p>I have also sung at a handful of secular funerals—though I don’t get that many—but while the format is different, the empathy and the compassion are the very same. Because again, while I can’t possibly comprehend an individual’s grief, I can understand what they’re going through.</p><h3>A Lasting Gift</h3><p>I think it was Saint Augustine who said, “He who sings, prays twice.”<br />I believe that it’s one of the most important jobs a singer will ever have the honour of doing: singing for a soul and giving a family some level of solace in their time of need. And while there is a practical end to singing for a funeral, the emotional and spiritual end live on in the hearts of those in mourning.</p><figure class="media"><div data-oembed-url="https://www.youtube.com/watch?v=KDGhl-MKtzY"><div style="position:relative;padding-bottom:100%;height:0;padding-bottom:56.2493%"><iframe src="https://www.youtube.com/embed/KDGhl-MKtzY" style="position:absolute;width:100%;height:100%;top:0;left:0" frameborder="0" allow="autoplay; encrypted-media" allowfullscreen></iframe></div></div></figure>

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