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How long after a death is a will read in Ireland?
Films often show a family gathered in a solicitor's office for the reading of a will. In Ireland there is no legal requirement for any such reading. What actually happens is less dramatic: the executor finds the will, tells the people concerned what it says, applies for probate and, once probate is granted, the will becomes a public document that anyone can obtain.
General information, not legal advice. This guide explains the law in Ireland in general terms. It cannot take account of your circumstances. For advice on your own situation, consult a solicitor.
There is no formal "reading of the will"
Irish law does not require a will to be read aloud, and it sets no deadline for telling beneficiaries what is in it. In practice the executor, or the solicitor acting for the executor, usually contacts the main beneficiaries within a few weeks of the funeral, once the original will has been located. Some families still choose to meet to go through it together, but that is a matter of choice rather than law.
Who is entitled to see the will before probate? Strictly, the will belongs to the executor until probate is granted. Executors generally share it with the people named in it, and a spouse or civil partner must be told in writing about their legal right share, so in most estates the contents are known well before the grant issues.
Finding the will
Because Ireland has no central register of wills, the first job is to find the original. The usual places are:
- the deceased's home, among personal and financial papers;
- the solicitor who acted for them, often the firm that handled a house purchase or other family business;
- a bank, if the deceased kept a safe-deposit box.
If a will cannot be found, families sometimes place a notice in the Law Society Gazette, which publishes a regular list of missing-will enquiries that solicitors read. Only the original will can normally be proved; a copy is accepted only in limited circumstances and needs a court application.
When does a will become public?
Once probate has been granted, the will is a public document. According to Citizens Information, anyone can then order a copy of the will and the grant from the Probate Office or the relevant District Probate Registry by completing the order form and paying the fee. The grant itself shows the executor's name and address, the solicitor (if any), and the gross and net value of the estate.
The detailed list of assets in the Revenue form (the Statement of Affairs, Form SA.2, or the older Inland Revenue Affidavit) is not generally available to the public. Named beneficiaries, people entitled to a share, and children entitled to bring a section 117 claim can ask to inspect it.
How soon a grant issues depends on the estate; the probate timeline guide covers the stages in detail.
What the executor does
An executor is the person named in the will to carry out its instructions. Their main duties, as summarised by Citizens Information, are to:
- gather in and protect the assets, including keeping property insured;
- collect money owed to the deceased;
- pay the funeral expenses, debts and any tax due;
- tell the spouse or civil partner, and children, about their rights;
- distribute what is left to the people entitled under the will.
If the deceased was receiving a social welfare payment, the executor must tell the Department of Social Protection before distributing the estate, so that any overpayment can be checked. The Department has three months to decide.
The executor's year
Executors are expected to distribute the estate as soon as reasonably possible, but the law gives them a year from the date of death before beneficiaries can sue them for not having done so. This is often called the "executor's year". Many estates take longer than a year for good reasons, such as selling a house or waiting for a tax clearance, and that is not in itself a breach of duty.
Can an executor refuse to act?
Yes. An executor can renounce the role before taking any steps in the estate. Another executor named in the will then acts alone, or, if there is none, someone else applies for a grant of administration with the will annexed.
Rights that sit alongside the will
Even where a will is clear, some people have rights that the executor must respect:
- A spouse or civil partner is entitled to a legal right share of one-half of the estate (no children) or one-third (with children). They must claim it within six months of being notified by the executor, or within twelve months of the grant, whichever is later.
- Children can apply to court under section 117 of the Succession Act within six months of the grant if they believe the parent failed to make proper provision for them.
- A qualified cohabitant can apply to court for provision from the estate of a deceased partner.
Anyone who wants to stop a grant being issued, for example because they believe the will is not valid, can lodge a caveat at the Probate Office or a District Probate Registry. That pauses the grant while the issue is dealt with.
What if there is no will?
If there is no valid will, the estate is distributed under the Succession Act 1965. The person who deals with it is called an administrator, usually the closest relative, who applies for letters of administration. The shares are:
| Survived by | Who inherits |
|---|---|
| Spouse or civil partner, no children | Spouse or civil partner takes everything |
| Spouse or civil partner and children | Two-thirds to the spouse or civil partner, one-third shared equally between the children |
| Children, no spouse or civil partner | Shared equally between the children (a deceased child's share goes to their children) |
| Parents only | Shared equally between the parents, or all to a surviving parent |
| Brothers and sisters only | Shared equally, with a deceased sibling's children taking their share |
| Nieces and nephews only | Shared equally between them |
| No relatives | The State |
A cohabiting partner who was not married or in a civil partnership does not appear in this list, which is one of the main reasons people are encouraged to make a will.
Assets that do not wait for the will
Some money passes without reference to the will at all. A joint bank account with a spouse or civil partner can usually be moved into the survivor's name on production of the death certificate. A credit union account with a valid nomination pays the nominated person up to €27,000. Pension schemes pay death benefits under their own rules. Executors still need to know about these assets, because they appear on the Revenue form and can affect tax.
Frequently asked questions
Is there a reading of the will in Ireland?
No. There is no legal requirement for a formal reading. The executor usually tells the beneficiaries what the will says once the original has been found, and the will becomes public after probate is granted.
Can I get a copy of someone's will in Ireland?
Yes, once probate has been granted. Copies of the will and grant can be ordered from the Probate Office or the relevant District Probate Registry for a fee.
How long does an executor have to distribute an estate?
Executors should act as soon as reasonably possible. Beneficiaries cannot normally sue an executor for failing to distribute until a year has passed from the date of death.
Who inherits if there is no will in Ireland?
The Succession Act 1965 decides. A spouse or civil partner with no children takes everything; with children, the spouse takes two-thirds and the children share one-third.