The weeks after a sudden death are overwhelming, and it’s understandable that legal matters are the last thing most families want to think about. However, there are a number of important issues that should be addressed as early as possible.

We didn’t make wills. What happens now?

If your spouse died without a will, the estate will be distributed under the rules of intestacy rather than according to what they may have intended.

If there is a surviving spouse and children, the spouse generally inherits two-thirds of the estate, with the remaining one-third divided equally between the children.

For farming families, this can create practical difficulties because ownership of the farm may become divided between family members rather than passing directly to one person.

If the children are adults, they may decide to give up their entitlement so that the farm can pass to the surviving spouse or partner. However, if any children are under 18, their share usually has to be held in trust until they become adults.

For couples who were living together but were not married or in a civil partnership, you do not automatically inherit and may need to make a legal claim against the estate.

Who can run the farm?

That depends on whether there is a will. Where someone leaves a will, the executor named in it has authority to begin dealing with the deceased’s affairs while probate is being processed.

If there is no will, nobody has legal authority to manage the estate until a Grant of Administration is issued. The next of kin is entitled to make the application to be appointed as the administrator.

The farm was entirely in my husband’s name. Does that matter?

Many Irish farms are owned by one spouse because the tax system often favours sole ownership when agricultural tax reliefs are involved. Often land can be held jointly between spouses and thus will pass to the surviving spouse automatically, irrespective of whether there was a will or not.

However, if the land was is in one person’s sole name and where there is no will, ownership of the farm passes under the rules of intestacy. Where there is a will, it depends on what is in the will as to who will ultimately inherit it.

Where a farm has to be divided under the intestacy rules and the family later decides to rearrange ownership to reflect what the deceased would have wanted, those transfers can create unnecessary tax liabilities.

I’m worried about disagreements within the family. What can I do?

Sadly, this is quite common after a sudden bereavement. In my experience, disagreements usually arise because people are not communicating openly. Family members may have different expectations about who should manage the farm or what the deceased would have wanted.

Surviving spouses sometimes feel pressured to sign documents without fully understanding them, while other relatives may feel excluded from decisions.

Taking time to explain why documents need to be signed and keeping everyone informed can go a long way towards maintaining trust.

Where tensions develop, an independent mediator or trusted third party can often help families communicate more effectively.

If your spouse died without a will, the estate will be distributed under the rules of intestacy rather than according to what they may have intended. If there is a surviving spouse and children, the spouse generally inherits two-thirds of the estate, with the remaining one-third divided equally between the children

What if people are interfering with the farm?

Occasionally, I have seen situations where neighbours or extended family members become involved in disputes about leasing land or managing the business.

If this happens, it may be preferable to appoint an independent auctioneer or land agent to deal with leasing arrangements, so that all enquiries are handled professionally and at arm’s length.

I’ve been told I can’t do anything until I get a death certificate. Is that true?

Not necessarily. If the death has been referred to the Coroner, there may be a delay before the official death certificate is issued.However, the Coroner can usually provide an Interim Certificate of the Fact of Death, which many banks, insurance companies and other organisations will accept while the inquest process is ongoing.

What if someone survives an accident, but loses mental capacity?

This creates a different legal difficulty. Without an Enduring Power of Attorney, even a husband, wife or close family member has no automatic authority to deal with the injured person’s financial or business affairs.

That is why I always encourage farming families to put an Enduring Power of Attorney in place while they are healthy.

What is your most important advice?

None of us like thinking about the worst happening, but planning ahead is one of the greatest gifts you can leave your family.

Having an up-to-date will, putting an Enduring Power of Attorney in place and discussing succession plans openly can save your loved ones enormous stress, delay and expense if tragedy strikes.

If you have recently lost a loved one, my advice is to seek legal advice early. It doesn’t mean everything has to happen immediately, but understanding your position from the outset can make a very difficult time a little easier to navigate.

Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors and Tax Consultants does not accept responsibility for errors or omissions howsoever arising. E-mail aisling@agrisolicitors.ie