What If I'm Separated or Divorced?

When creating a will, it is important to understand where and when the Irish succession law applies. When considering the situation where someone is divorced or separated, we must note that in general the succession law only relates to someone who is legally married.

What If I am Divorced?
Therefore under Irish Law, if you are divorced, your ex-spouse has no legal entitlement to your estate plan. Once the divorced has been processed, they cease to be your legal partner and therefore do not fall under the remit of the Succession Act. However it is worth noting that some divorce settlements, allow for the provision of the ex-spouse as part of the overall divorce settlement.

What If I am Separated?
This is a much different area to that of a divorced couple. If you are separated and still not divorced, your spouse is still considered to be your legal partner and therefore would fall under the remit of the Succession Act.  This could result in your spouse making a claim through the courts for a part of your estate should he/she be excluded from the will. Again it is worth noting that provisions for your ex-spouse may have been made set out within a separation agreement.