<h2>When Someone Dies in Ireland</h2>Death is one of life’s most difficult experiences, and it often comes with many decisions that must be made quickly and under emotional stress. Whether the death was expected or sudden, this guide outlines the key steps to take and highlights support services available in Ireland.<h2>Immediately Following the Death</h2>Every death in Ireland must be identified and the cause of death established. If the death was sudden or unexpected, you may need to notify:<ul><li>The Gardaí</li><li>The Coroner</li><li>The family doctor (GP)</li><li><a href="https://www.citizensinformation.ie/en/birth-family-relationships/getting-birth-marriage-or-death-certificate/">The Registrar of Births, Marriages and Deaths</a></li><li>The next of kin</li></ul>If the deceased was an organ donor, act quickly if you are their nearest relative. Funeral directors in Ireland can assist with all arrangements, including burial plots, cremation, and religious or non-religious services.<h2>Registering the Death</h2>To register a death, bring a medical certificate stating the cause of death to the local Registrar of Births, Marriages and Deaths.If the doctor did not see the deceased within 28 days or is unsure of the cause of death, they must notify the Coroner. A post-mortem may be required, and if the cause remains unclear, an inquest may be held.For stillborn children, registration is optional but may be done within 42 days. Read more about registering a death on <a href="https://www.citizensinformation.ie/en/birth-family-relationships/getting-birth-marriage-or-death-certificate/">citizensinformation.ie</a>.<h2>Children</h2>Bereavement can be deeply distressing for children. Barnardos offers <a href="https://www.barnardos.ie/our-services/work-with-families/bereavement-services/">counselling services </a>for children who have lost someone close to them.If the deceased leaves behind orphaned children under 18, immediate care arrangements must be made. Family members usually step in, but if none are available, the HSE Local Health Office will arrange care.<h2>Access to Money</h2>Accessing the deceased’s money can be difficult unless it’s in a joint account. If the account is solely in the deceased’s name, probate is usually required.You may be eligible for social welfare benefits or grants to help with funeral costs. For financial advice, the Money Advice and Budgeting Service <a href="https://www.mabs.ie/en/">(MABS)</a> offers free, confidential support.<h2>Legal Issues Following a Death</h2>Legal matters may include:<ul><li>Access to the deceased’s estate</li><li>Probate and executor duties</li><li>Power of attorney</li><li>Debt management</li><li>Inheritance rights</li></ul><h2>Housing and Daily Living</h2>Notify relevant organisations in writing, including:<ul><li>Mortgage providers or landlords</li><li>Banks and building societies</li><li>Insurance companies</li><li>Utility providers</li><li>Subscription services</li><li>Local authority (for driving licence and electoral register updates)</li></ul>Redirect post if the deceased lived alone, and inform any clubs or professional organisations they were part of.

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What to Do When Someone Dies in Ireland – Practical Guidance

This article is one of a series, and while it can be read on its own, is designed to be read along with the articles “<a href="https://rip.ie/legal-and-financial-advice/what-should-you-consider-when-making-a-will-257">What Should You Consider When Making A Will?</a>” and “<a href="https://rip.ie/legal-and-financial-advice/what-happens-if-you-dont-make-a-will-258">What Happens If You Don’t Make A Will?</a>” <h3>Introduction</h3>A will is a written document that lets you decide what happens to your property and assets in the event of your death. A will can also set out who should take care of young children. Importantly, it also stipulates who will manage your affairs after your death. It can be a difficult topic to think about, or discuss, but it is crucial, especially if you have young children. If you die without a will, you won’t have a say in who receives your property and other assets (including your pets). You won’t have a say in who manages your estate. If you have children, you miss out on the opportunity to nominate a trusted, responsible guardian for them. Not having a will can make it more difficult for your loved ones after you pass away.Wills aren’t just for the sick or elderly - in fact, every adult should consider making one. <h3>Who Gets What?</h3>You are the person best to decide how you want to divide your money and assets. Remember, nobody knows your wishes and your family as well as you do. Firstly, you should think about how you would like to divide your money and assets. You should have a good idea about what you own, either in your sole name or jointly with your spouse or civil partner. You should think about what you would be leaving behind and who you want it to go to.There are legal protections for your spouse, or civil partner, and your children, but most people provide for their family as fairly as possible in their will. Partners outside marriage are not protected to the same extent. Your spouse, or civil partner, has a legal right to a share in your estate: one third if you have children and one half if you don’t have children. If you are separated or divorced, the Court should have dealt with this. When it comes to your children, you should consider their ages; their education; any financial support you previously provided; what they now own; and their line of work. In some cases, the older and wealthier they are, the less help they may need. Your children are not entitled to a fixed share like a spouse or civil partner, but they can apply to Court if not properly provided for by what the law describes as a “just and prudent parent.”Many wills made by married couples leave everything to each other with a “gift over” clause/option, which states that if the other spouse also dies, all property goes to the children. If the children are very young, the “gift over” clause/option ensures everything goes to trustees to mind the assets for young children.<h3>Who Handles This?</h3>The person who takes care of your affairs in the event of your death is called your Executor or Executrix. This can be a very demanding and emotional role. You can appoint more than one. You should let them know beforehand that you will be assigning them this role, and where they can find your will, should anything happen to you. If you are leaving property to young children, as stated above, you might think about including a trust for those children, and appointing Trustees to manage any money or assets left for them while they are under 18, or even slightly older. A trust is where people called Trustees hold the assets “in trust” for the benefit of the children until the children reach 18, which is when they can own the property.  You might also think about appointing Guardians, who would take over your role in raising the children until they turn 18.In the event of one parent’s death, the surviving parent is automatically assigned as guardian, but if both parents were to die –in a car crash for example –  someone has to be appointed to mind them. This is a very difficult, but important decision to make, and should be considered carefully.<h3>Summary</h3>People, especially those with young children, should think about making a will to provide for their loved ones in the event of their death. They should think about dividing their assets fairly, taking their spouse’s rights into account, picking the right person to manage their affairs on death, if a trust is to be created, and who is to mind their young children. Padraic Courtney is a Solicitor and Secretary to the Probate, Administration &amp; Trusts Committee of the <a href="https://www.lawsociety.ie/">Law Society of Ireland</a>. 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.

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Why Make a Will?

Grief is a difficult and lonely time. Having a change in your financial circumstances adds an additional layer of distress. Like grief, everyone’s financial experience is unique. You may find yourself with a reduced income and are struggling to manage your day-to-day living expenses and financial obligations.It can be difficult to manage without assistance. <a href="https://www.mabs.ie/">MABS</a> are here to help you deal with your new financial situation. MABS is the Irish Money Advice Service. For over 30 years, we have supported people with money advice, budgeting and debt.<ul><li>Our service is free of charge; you can get impartial advice from MABS to help you manage your money.</li><li>We offer support over the telephone, face to face and virtually.</li><li>We have 60 offices located around Ireland. Many regions operate outreach services to cover rural areas.</li></ul>In addition, there is the MABS National Helpline, open from 09:00am to 8:00pm Monday to Friday.<h3>Taking Steps to Maximise Your Income</h3><h4>Step 1: Check Your Social Welfare Entitlements</h4>The Department of Social Protection has different benefits and entitlements during this difficult period.You may be entitled to:<ul><li>One-Parent Family Payment – a means-tested payment payable if you have a child under 7</li><li>Working Family Payment</li><li>Household Budget Scheme</li><li>Medical Card</li><li>Fuel Allowance</li></ul>Everyone’s entitlements are unique and subject to means testing. An Information Officer in your local<a href="https://www.citizensinformation.ie/en/"> Citizens Information Service</a> can assist you to check any possible entitlement.If you have a child, you may be entitled to the Bereaved Parent Grant. It is a once-off payment and is also means tested.You may be entitled to get help with the cost of the funeral or paying your rent if you are struggling. Your local Community Welfare Officer deals with some of these payments.<h4>Step 2: Notify the Department of Social Protection</h4>If your loved one was receiving social welfare, notify the Department. In some circumstances, social welfare payments will continue to be paid to the spouse, civil partner, carer or cohabitant who died for 6 weeks after their death, depending on qualifying criteria. See <a href="www.gov.ie">www.gov.ie</a>Contact Revenue and tell them your situation, so they can ensure you are getting the correct tax credits.<h4>Step 3: Managing Debts Left Behind</h4>You may be concerned about your loved one leaving behind debts that have to be repaid. MABS can assist you with this.If you have taken out a mortgage with your loved one who has died, check if the borrowing is covered by mortgage protection insurance/life insurance.<ul><li>If it is not covered, continue to repay the mortgage.</li><li>If you have difficulty in making these payments, talk to your mortgage provider.</li><li>You can also contact MABS for support.</li></ul><h4>Step 4: Contact Financial Institutions and Insurers</h4>Contact your:<ul><li>Bank</li><li>Credit Union</li><li>An Post</li></ul>Some banks have dedicated Bereavement Support Teams.Check your insurances:<ul><li>Contact your insurance company</li><li>Check all insurance policies you have, or that your loved one had</li></ul>For more, visit <a href="https://www.mabs.ie/en/">MABS.ie</a>

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Navigating Finances after a Loss

Losing a spouse or civil partner is one of life’s most painful experiences. Amid the grief, it can be overwhelming to face legal and financial questions — especially when a <a href="https://rip.ie/legal-and-financial-advice/what-should-you-consider-when-making-a-will-257">will</a> has not been made. Understanding what happens next can bring some clarity and help families take the first practical steps with confidence.<h3>When There’s No Will</h3>If someone dies without <a href="https://rip.ie/legal-and-financial-advice/what-happens-if-you-dont-make-a-will-258">making a will,</a> they are said to have died intestate. In these cases, Irish law determines how their estate — including property, money, and possessions — will be distributed.Many people assume that when their spouse dies, everything automatically passes to them. In reality, intestacy law (intestate means dying without a <a href="https://rip.ie/legal-and-financial-advice/why-make-a-will-254">will</a>) follows strict rules. Understanding them early on can prevent confusion or conflict later. For a surviving spouse or civil partner, this provides a level of protection and certainty.Under the Succession Act 1965, if the deceased leaves children, the surviving spouse or civil partner is entitled to two-thirds of the estate, with the remaining one-third divided equally among the children. If there are no children, the surviving spouse or civil partner inherits the entire estate.While these rules provide a clear framework, they don’t always reflect the nuances of individual family circumstances. Joint assets, property ownership, pensions, or blended family situations can make matters more complex and may require tailored legal advice.<h3>The Steps Involved</h3>When there is no will, someone must take responsibility for managing the estate. This person — usually the surviving spouse or civil partner — applies to the Probate Office (or local District Probate Registry) for Letters of Administration. The process involves gathering details of the deceased’s assets and debts, identifying next of kin, preparing a Schedule of Assets and Liabilities for the Revenue Commissioners and the Probate Office, and other documents before submitting them to the Probate Office. An interview may be required for personal applicants. Processing typically takes 3–6 months and costs include Probate Office fees.Solicitors' fees apply if professional help is used. Common challenges include completing forms correctly, confirming entitlements under intestacy law, and securing the bond. Straightforward estates can be handled personally, but complex or disputed cases are best managed by a probate solicitor.Letters of Administration authorise them to gather the deceased’s assets, pay any outstanding debts, and distribute what remains according to the law. The process can take time and may feel daunting, particularly during a period of mourning. A solicitor can help ensure that all documentation is correctly completed and that the estate is administered smoothly and respectfully.Essential documents typically include the death certificate, marriage or civil partnership certificate, and details of all known assets and liabilities.<h3>Support During a Difficult Time</h3>Navigating grief while managing legal affairs is never easy. Professional legal guidance can ease some of the practical burdens, while emotional support from counselling services or community organisations can help with the human side of loss.Services such as Citizens Information and the Irish Hospice Foundation provide practical advice and bereavement supports to those dealing with loss and estate matters.<h3>A Compassionate Approach</h3>Every family’s situation is unique. While Irish law provides a clear structure for what happens when someone dies without a will, compassionate and practical advice ensures that your loved one’s estate is managed with dignity and care.If your spouse or civil partner has recently passed away without a will, speaking with a probate solicitor can help you move forward with confidence and understanding.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.

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Your Spouse or Civil Partner Has Died Without a Will – What Happens Next?

If a family member dies and leaves behind some debts, you may feel a sense of moral obligation to discharge those debts. However, you need to proceed with caution and, in particular, consider the following:<ul><li>Who is responsible for paying the debts of the deceased person?</li><li>What is the correct process for settling those debts?</li><li>What are the risks of paying debts without following the proper procedure?</li></ul><h3>Debts Are Paid from the Estate, Not by Relatives</h3>Under Irish law, when a person dies, their debts do not automatically pass to their relatives. Instead, debts are paid from the assets of the deceased person’s estate. After a person dies, their estate (or assets) is administered by a personal representative.The personal representative is the Executor named under the will, or the nearest next of kin if there is no will. The personal representative is responsible for gathering the assets, paying debts, and distributing the remainder to beneficiaries.<h3>Order of Priority</h3>There is a strict order in which debts must be paid from the estate:<ul><li>Funeral and testamentary expenses</li><li>Creditors with security (e.g., mortgage providers)</li><li>Preferential debts (mainly taxes and social insurance)</li><li>Ordinary unsecured debts (e.g., credit cards, personal loans)</li><li>Any remaining debts</li></ul>If the personal representative pays debts or distributes assets without following the correct order or before all debts are identified, they may become personally liable for any shortfall.Importantly, family members are not required to pay the deceased’s debts from their own resources unless they were joint debtors or guarantors.<h3>Process for Settling Debts</h3><ul><li>Do Not Pay Debts Immediately: It is not advisable for a family member to pay off the deceased’s debts directly, especially from their own funds. The correct process is for the personal representative to gather all asset and liability details and then pay debts from the estate in the prescribed order.</li><li>Notify Creditors: The personal representative should notify all known creditors of the death. Creditors will usually pause collection until the estate is finalised.</li><li>Wait for Grant of Probate/Administration: No payments should be made until the personal representative has obtained a grant of probate (if there is a will) or letters of administration (if there is not).</li><li>Risks of Premature Payment: Paying debts out of order or before all debts are known can expose the payer (including the personal representative) to personal liability if other creditors later come forward and there are insufficient assets remaining.</li></ul><h3>Special Circumstances</h3><ul><li>If a family member is a joint debtor or has guaranteed a debt, they may be personally liable for that specific debt.</li><li>If the estate is insolvent (debts exceed assets), there are special rules, and the personal representative should proceed with caution.</li><li>There are statutory time limits for creditors to make claims against the estate (generally two years from the date of death or six years from when the debt became due, whichever is earlier).</li></ul><h3>Conclusion</h3>A family member should not pay off the deceased’s debts directly. The proper course is for the personal representative to administer the estate, pay debts in the correct order from estate assets, and only distribute any remaining assets to beneficiaries once all debts and expenses have been settled. Premature or incorrect payment can result in personal liability for the payer.<h3>Disclaimer</h3>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.

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Can You Pay a Deceased Family Member’s Debts? | Legal Advice in Ireland

When a person dies after spending the final months or years in a nursing home, there may be a debt to the nursing home which will be due for payment.These outstanding debts may cause stress for spouses, children and family members of the deceased. The following is a short guide to the way nursing home debts are treated in Ireland. If in doubt, get independent legal and financial advice.<h3>Responsibility for Nursing Home Debt</h3>In Ireland, nursing home debt is the responsibility of the deceased's estate and is paid after their death by their personal representative (executor or administrator).If the deceased was in the <a href="https://www2.hse.ie/services/schemes-allowances/fair-deal-scheme/about/">Fair Deal Scheme</a>, any outstanding loan facility from the HSE must be repaid from the estate (funded by the sale of the deceased’s property), usually:<ul><li>Within 12 months of death, or</li><li>Within 6 months if the home was sold (prior to passing away) or transferred.</li></ul>Nursing homes and the HSE can claim unpaid fees from the estate. If the estate is insolvent (has insufficient assets), these debts may go unpaid.<h4>The Deceased's Estate is Responsible for Outstanding Debts</h4><ul><li>Personal Representative: The executor (if there was a will) or administrator (if there was no will – known as dying intestate) will gather all the assets of the deceased.</li><li>Insolvent Estate: If the estate's assets aren't enough to cover the funeral expenses, administration costs, and debts, it is considered insolvent.</li><li>No Obligation for Children: Children of the deceased are not typically obligated to pay nursing home debts unless they were a guarantor for the debt or the debt was in their name as well. If the estate is insufficient to cover debts, the beneficiaries typically do not have to pay them personally.</li></ul><h4>Fair Deal Scheme and Loan Repayment</h4><ul><li>Loan Postponement: Under the Fair Deal Scheme, the HSE pays nursing home fees, and a loan can be taken out based on assets like property, with repayment postponed until after the person's death.</li><li>Repayment Timeline: This loan must be repaid within 12 months of the person's death, or within 6 months if their property is sold or transferred at any point.</li><li>Interest: If the loan is not repaid by the due date, interest will be charged from the date of death.</li></ul><h4>Process of Paying Debts</h4><ol><li>Funeral and Administration Expenses: The first priority is to pay for the funeral and the expenses of managing the estate.</li><li>Preferential Debts: Next are preferential debts like taxes.</li><li>Ordinary Debts: Finally, other ordinary debts, such as nursing home fees and other unsecured debts (like credit cards and loans), are paid from any remaining assets.</li></ol><h4>If There Are No Assets</h4><ul><li>If the deceased has no assets, the debts cannot be paid, and the creditors will likely have to write off the debt.</li><li>The HSE and other creditors cannot claim the debt from the family of the deceased unless they are legally responsible for it.</li></ul><h3>What You Should Do</h3><ul><li>Contact the Executor/Administrator: If you are a family member, you should contact the personal representative to understand the estate's financial status.</li><li>Contact the Nursing Home: They will have details of any outstanding debts owing or that may not have been covered by the Fair Deal if the deceased was in the scheme.</li><li>Contact the HSE: If you are unsure about the Fair Deal loan or the outstanding fees, contact the Health Service Executive (HSE) for clarity.</li><li>Contact <a href="https://www.mabs.ie/">MABS</a>: For further information, MABS – The Money Advice and Budgeting Service.</li><li>Fair Deal: <a href="https://www2.hse.ie/services/schemes-allowances/fair-deal-scheme/about/">About the Fair Deal scheme.</a></li></ul>

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What Happens to Nursing Home Debts After a Person Passes Away

Becoming a parent is a wonderful and life-changing event, and for single parents, the responsibility can feel even greater. One of the most important steps you can take to protect your child’s future is to make a will. A well-drafted will ensures that your wishes are respected and that your child is cared for, both emotionally and financially, should anything happen to you. Here are the key considerations for single parents when making a will.<h3 style="text-align:justify">Appointing a Guardian</h3>Perhaps the most crucial decision for a single parent is appointing a guardian for your child. This is the person who will take on parental responsibility if you pass away before your child turns 18.<ul><li style="text-align:justify">Choose Carefully: Consider who shares your values, has a good relationship with your child, and is willing and able to take on the role.</li><li style="text-align:justify">Discuss Your Choice: Speak to your chosen guardian beforehand to ensure they are comfortable with the responsibility.</li><li style="text-align:justify">Name a Substitute: It is helpful to name an alternative guardian in case your first choice is unable or unwilling to act when the time comes.</li></ul>The legislation in this area is the Guardianship of Infants Act 1964. Section 6 of the Act provides that, on the death of the parent of an infant, any surviving parent shall be the guardian either alone or jointly with any guardian appointed under a Will. Section 7 of this Act specifies that the guardian named under the Will (testamentary guardian) shall act alongside any surviving parent as joint guardians. Either the testamentary guardian or a surviving parent can apply to court for orders pertaining to the custody of the infant.<h3 style="text-align:justify">Financial Provision for your Child</h3>You will want to ensure that your child is financially secure. This involves deciding how your assets will be managed and distributed.<ul><li style="text-align:justify">Trusts for Minors: Children under 18 cannot inherit directly. You can set up a trust in your will, specifying how and when your child should receive their inheritance.</li><li style="text-align:justify">Appointing Trustees: Trustees manage the assets on behalf of your child until they reach the age you specify (often 18 or 21). Choose people you trust to act in your child’s best interests.</li><li style="text-align:justify">Specific Gifts: You may wish to leave particular items or sums of money to your child or others.</li></ul>You will also need to appoint an executor(s). This is the person(s) who carry out your wishes. They can be the same people as the trustees.<h3 style="text-align:justify">Letter of Wishes</h3>While not legally binding, a letter of wishes can accompany your will. This document can provide guidance to guardians and trustees about how you would like your child to be raised, educated, or supported. <h3 style="text-align:justify">Reviewing your Will</h3>Circumstances change over time. Review your will regularly, especially if there are changes in your family situation, finances, or if your chosen guardian’s circumstances change. It is also important to let your executor, trustees, guardian know where your original Will is stored - and perhaps retain a copy at home.<h3 style="text-align:justify">Conclusion</h3>Making a will as a single parent can be complex, particularly when trusts and guardianship are involved. It’s advisable to speak to your solicitor to ensure your will is valid and reflects your wishes accurately.Elaine Byrne is a solicitor with Elaine Byrne Solicitors in Athboy, County MeathDisclaimer: 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.

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Making a Will as a Single Parent: Key Legal and Practical Considerations

Breffni Mc Guinness, Bereavement Coordinator, LauraLynn, Ireland’s Children’s Hospice.The death of a child is one of the most difficult deaths that anyone may have to face. If it is one of our colleagues who has experienced this tragedy we can sometimes be at a loss to know how to support them.While there is no easy quick fix for grief, especially when it is a child who has died, there are things that we can do as managers and colleagues and that can make a difference to the person who is grieving.<h3>Bereavement First Aid</h3>There are three practical steps that we call Bereavement First Aid which can really help.  These are: Acknowledge, Validate and Support or AVS.<h4>Acknowledge</h4>It is important to acknowledge what has happened and to mention the child’s name  E.g. “Mary, I am so sorry to hear about James”, <h4>Validate</h4>Validate the experience and feelings of the person who is grieving.  A colleague who is bereaved may say that they are sad, devastated, angry, broken, in bits etc. it is important to validate these feelings by saying something like:E.g.  “It is totally understandable you are feeling like that given what has happened”<h4>Support</h4>Offer support to your colleague who is grieving.  It is really helpful to check with the person about what might be most helpful for them.E.g. “I would really like to support you, what would be most helpful for you now?”Along with bereavement first aid, there are also some other things that can be helpful and some that are not so helpful.<h3>What is helpful:</h3>Reach out, be yourself and don’t worry about being perfect. We may feel a bit uncomfortable reaching out to a colleague who is bereaved – this is normal – but it is important not to let this stop us.  The most important thing is to take the risk to engage with your colleague. Listen. Very often it’s hard to know what you can do for a colleague who is grieving, but one thing that really makes a difference is making time to listen to them. Just offer to chat if the person wants to - if they don’t no problem – at least they know that you care enough to check with them. If they do want to chat – just listen – and then listen a bit more.Your support will be required not just in the initial weeks and months but over a longer period. It takes a minimum of three years for someone to come to terms with the major aspects of the death of their child. For your colleague who is grieving, they will need your support during this time and beyond. <h3>What isn’t helpful: </h3>Avoiding your bereaved colleague and acting as if nothing has happened – something has happened, and it is better to be open about this. Minimising their loss – phrases such as ‘at least you have two more children’ or ‘you can have another child’ (yes – these things have been said) do not help the person who is grieving. If you are not sure what to say – say nothing.Making a fuss – most people who are bereaved want to be treated as normally as possible at work and do not want to stand out. Be sensitive and respect their wishes. Expecting the person to be back to normal – people never go ‘back to normal’ because normal included their child who has died. In time they adapt to a ‘new normal’.<h3>For Managers</h3>If you are a manager, you have an important role to play in helping a person who is grieving the death of their child.  Communication is really important – contact the employee and ask how you can be a support to them – especially in relation to your organisation’s bereavement policy, flexibility in work arrangements, their entitlements, etc.   It is important to strike a balance between allowing the colleague who is bereaved to continue to contribute (their work may be very important to them) while also not putting them under undue pressure.<h3>Final Note</h3>The death of a child is one of the hardest losses that an employee may have to face.  As a manager or a colleague, you can make a real difference to your bereaved colleague by reaching out with compassion and a listening ear. The three steps of Bereavement First Aid – Acknowledging, Validating and Supporting provide a simple roadmap for how you can do this. Above all, be brave, reach out and listen to your bereaved colleague rather than avoid them.  Care and compassion will go a long way. <h3>Here is a free resource from LauraLynn:</h3>For those supporting a family with a child with a life-limiting illness:  <a href="https://www.lauralynn.ie/sites/default/files/scorm-courses/lauralynn_bereavement-support-staff/launch.html">Learn how grief can affect families and how to communicate effectively with them</a>

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How to Support a Bereaved Parent at Work

Grief following the death of a family member can affect people in many different ways. One practical consequence may be a reduction in household income, which can add financial strain to an already difficult time.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.<h3>Understanding Probate and Estate Management</h3>When someone dies, their estate enters a legal process called probate. This process is managed by a representative:<ul><li>An executor (if there is a will)</li><li>An administrator (if there is no will – known as intestate)</li></ul>This person is responsible for preparing an inventory of the deceased’s assets and debts.<h3>Identifying the Estate and Gathering Financial Documents</h3>An estate includes:<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>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.Support is available: The Money Advice &amp; Budgeting Service (MABS) offers free and confidential guidance: <a href="https://www.mabs.ie/en/">www.MABS.ie</a><h3>Requesting Information on the Deceased’s Assets and Liabilities</h3>Creditors must be informed of the death. They may request:<ul><li>A copy of the death certificate</li><li>Proof of relationship to the deceased</li></ul>Important note: GDPR does not apply to the records of a deceased person, so access cannot be granted under this legislation.However, the Data Protection Commissioner may accept requests under Freedom of Information (FOI). These must be:<ul><li>Made in writing</li><li>Accompanied by proof of relationship to the deceased</li></ul>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><h3>Paying Debts from the Estate</h3>The estate is responsible for settling the deceased’s debts. Typically, the following are paid first:<ul><li>Funeral expenses</li><li>Testamentary and related costs</li></ul>If the estate has sufficient funds or assets, debts are paid before any inheritance is distributed.Special considerations:<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>If the estate is solvent but insufficient, a legal hierarchy determines which debts are paid first.If there are no assets, the estate is considered insolvent, and the debts may go unpaid.<h3>Types of Debts</h3><h4>Secured Debts (e.g. Mortgage on the Family Home)</h4>Mortgage repayments must continue unless mortgage protection insurance or life cover is in place.A mortgaged property may need to be sold if:<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>These include:<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>Examples include:<ul><li>Credit cards</li><li>Personal loans</li><li>Medical bills</li></ul>If the estate lacks sufficient funds:<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>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.<h3>Inheritance and Creditors</h3>If a family member receives an inheritance, creditors may attempt to claim against it to settle outstanding debts.<h4>Inheriting Debts</h4>If the inheritance is less than the value of the deceased’s debts:<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>Legal advice is essential—especially in complex cases. Professional guidance can help ensure the estate is managed correctly and fairly.<h3>Conclusion</h3>The deceased’s estate is responsible for paying their debts, unless those debts were co-signed or guaranteed by someone else.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.<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

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 “<a href="https://rip.ie/legal-and-financial-advice/why-make-a-will-254">Why Make a Will</a>” and “<a href="https://rip.ie/legal-and-financial-advice/what-should-you-consider-when-making-a-will-257">What Should You Consider When Making a Will?</a>”   <h3>Introduction</h3>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. 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.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.<h3>What Happens my Assets if I die Intestate?</h3>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. 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.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.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. 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 1/3rd.  Once again, if any of your children are under 18, somebody has to mind their share for them.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. <h3>Who Takes Care of Things if I die Intestate?</h3>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. <ul style="list-style-type:disc"><li>If you were married, your surviving spouse is the only person entitled to act, whether you leave children or not. </li><li>If you were widowed, or a widower, your children are equally entitled. </li><li>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. </li></ul><h3>Summary</h3>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.Padraic Courtney is a Solicitor and Secretary to the Probate, Administration &amp; Trusts Committee of the Law Society of Ireland. 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.

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What Happens if You Don’t Make a Will?

This article is one of a series, and, while it can be read on its own, is designed to be read along with the articles “<a href="https://rip.ie/legal-and-financial-advice/why-make-a-will-254">Why Make a Will?</a>” and “<a href="https://rip.ie/legal-and-financial-advice/what-happens-if-you-dont-make-a-will-258">What Happens If You Don’t Make a Will?</a>”<h3>Introduction</h3>The points you should consider when making a Will are entirely up to you. Most people consider the following: <ul style="list-style-type:disc"><li>What do I own?  Who do I want it to go to after I die? </li><li>And who will take care of things? In other words, who should make sure the right assets to go the right people. This is especially important when you have very young children.</li></ul><h4>1.Make a List of What You Own </h4>Before making a Will, it is very useful to draw up a list of anything significant that you own. This should include land and buildings, bank accounts, stocks and shares, crypto currencies and any other valuable assets you own. Consider whether you own these outright or jointly. Do you have a pension that would pay out a lump sum on your death? And, if you have overseas assets, they should also be considered.<h4>2.Do A Quick Valuation</h4>It is useful to draw up a list of all your assets with a very rough valuation. This doesn’t need to be accurate to the last cent, or blade of grass, but it should provide a broad idea of the value of each asset and the overall total.The next thing to consider is who should get each asset.<h4>3.Consider Who You Want Your Money and Assets to Go To?  </h4>In many cases, this can be a very simple decision.  For example, a husband and wife often make “matching” wills leaving everything to each other. These matching wills also provide for what is to happen if they don’t survive each other. This can happen, for example, if they were to die in the same car crash.If you have very young children, you should consider who you would like to appoint as executors, trustees and guardians for your   children.A widowed parent may leave everything to their adult children in equal shares. Alternatively, if they have provided for one child already, they may leave everything to the other children. Every will is different.You may list people who you’d like to get something on your death.  You may also decide to include some charities close to your heart.<h4>4.List Your Assets Alongside Your Loved Ones </h4>I often suggest a simple matrix, or diagram. Draw two columns on the same page. List all your assets in a column on the left-hand side. List all the people you would like to take care of on the right-hand side. Draw lines connecting each asset to the person you want to receive that asset. You may wish to leave a specific cash sum to a number of relatives; it is entirely up to you… with some conditions.If you have a spouse, or civil partner, they have a legal right to a share in your estate. Children also have a right to be provided for, in accordance with your means and their needs.  In addition, your spouse has a right to look for the family home as part of their legal right share.If you are not married, but living with someone, they may have a right to sue your estate where they are financially dependent on you.In many cases, the family home is owned jointly by a husband and wife and passes automatically to the survivor, but you should check this.If you leave nothing to your spouse/civil partner and/or children in your will, this can be challenged.  Your spouse has a right to a fixed share. while your children have a right to sue the estate. <h4>5.Decide Who Should Take Care of Things on Your Behalf?</h4>Sometimes, deciding who should take care of things after you die is perfectly straightforward. Husbands and wives often appoint each other as Executor or Executrix of their Wills and leave everything to each other. In other cases, it can be more complicated - and challenging.Should you anticipate disagreements among family members, or if your estate is extensive and complex, you may wish to appoint a professional executor. And, if you are leaving substantial assets to young children, it is important to appoint Trustees to manage these assets until the children are older.  Similarly, if you are a surviving parent with very young children, you may need to appoint Guardians to care for, and rear, your children.  <h4>6. Hire A Solicitor/Speak to A Solicitor</h4>The process of making a will can be daunting and, depending on your circumstances, it can be complex. A solicitor can guide you through the process and answer any questions you might have. Your solicitor will also store your will in a safe place, providing you with peace of mind.Your solicitor is there to help, providing trusted legal advice to support you on every step of the process.Padraic Courtney is a Solicitor and Secretary to the Probate, Administration &amp; Trusts Committee of the Law Society of Ireland. 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.

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What Should You Consider When Making a Will

Your role as an executor begins upon the death of the person who appointed you. Your main function is to carry out the terms of the Will. You also become the ‘Representative’ of the person who died, called ‘the deceased’, in dealing with the Revenue Commissioners, Social Welfare, Banks, and others.It is a trusted and important role and carries important responsibilities.If you do not wish to act as Executor, you can ‘renounce’ or refuse the role. However, once you decide to take on the role and take steps to act, you cannot then renounce at a later stage.When somebody dies, you may need to take out a “Grant of Probate” to access their assets, such as bank accounts and other property. A Grant of Probate is a document issued by the High Court that is essentially proof that a Will is legally valid.If you need to take out a Grant of Probate – see attached checklist of items that you will need.<h3>Your Duties as Executor</h3><ol><li>Ascertain and Protect all Assets: You must get the details of any assets belonging to the Deceased. Any property will need to be insured and secured. </li><li>Ascertain all liabilities: You must ensure you have a complete list of anything owed by the Deceased. This includes such things as outstanding debts, loans, taxes, etc. </li><li>Ascertain all beneficiaries and obtain their addresses and PPS numbers. </li><li>Obtain letters of clearance from the Revenue Commissioners, the HSE, and the Department of Social Protection. </li><li>Pay the expenses and debts of the estate and obtain tax clearance. The Executor is obliged to pay all outstanding debts of the estate and is responsible for the payment of any taxes. The Executor must distribute the assets to those entitled, once all the debts have been paid.</li><li>Furnish “estate accounts” to certain beneficiaries for all monies received and paid out. </li></ol><h3>Checklist of Items You Will Need</h3><ul><li>Original Death Certificate</li><li>PPS number of the Deceased</li><li>Photo ID for Executors – e.g. copy of passport or driver’s licence</li><li>Proof of address for Executors – e.g. copy of bank statement or utility bill</li><li>Occupation of Executors</li><li>List of Names and addresses / contact details of all Beneficiaries</li></ul><h3>List of Assets</h3><ul><li>Bank account numbers</li><li>Car</li><li>Boat</li><li>Any property or land</li><li>Life insurance or other policies or investments</li><li>Shares</li><li>An Post / Ireland State Savings certs / bonds</li><li>Prize bonds</li><li>Foreign property</li></ul><h3>Property / Land</h3><ul><li>Location of Deeds and Title Documents</li><li>Local Property Tax (property pin and ID)</li><li>Clarify if the property is to be sold</li></ul><h3>Insurance</h3>The Executor has a duty to insure all property.<ul><li>Name of insurance company and policy details</li><li>Notify insurance company of death of owner, whether house is vacant, change of name of policy</li></ul><h3>Income of the Deceased</h3><ul><li>Salary</li><li>Irish State Pension</li><li>Other income</li></ul><h3>Liabilities – Outline</h3><ul><li>Funeral bill</li><li>Funeral lunch / wake / refreshments</li><li>Utility bills outstanding</li><li>Other bills</li><li>Loans / Mortgages</li><li>Clarify whether the funeral bill has been paid</li><li>Clarify whether the deceased was in receipt of Fair Deal / Nursing Home Support</li><li>If so, provide the Client ID / correspondence from the HSE</li></ul>Please note: Once the banks are notified that a person has passed away, they will freeze all sole accounts until the Grant issues. All direct debits will also stop. This does not apply to accounts in joint names with the spouse.The role of an Executor can be quite daunting, and you may wish to engage a solicitor to assist you with this. If you decide to use a solicitor, the solicitor will carry out these duties on your behalf.Jenny Powell is a solicitor with Michael Powell Solicitors in Cork, County CorkDisclaimer: 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.

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You’ve Been Named Executor in a Will: What to Do Next

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Topic: Practical Advice