Make My Will Solicitors wish to congratulate Richard Dowling and Cormac Gollogly who were the first Irish same-sex couple to get married under Ireland’s new Marriage Equality legislation.

Richard Dowling and Cormac Gollogly, 17th November 2015

The commencement order for the Marriage Act 2015 was finally signed last week by Minister for Justice Frances Fitzgerald and was warmly welcomed across the whole country.

Six months on from the referendum that cleared the legal path for this significant event, former Marriage Equality Co-Director Andrew Hyland said:

“Today heralds a new era for all people living in Ireland with the resounding Yes vote of May 23^rd finally becoming law, and couples throughout the land now being able to say ‘I do’. Every single person who voted Yes has created a more inclusive, loving and just society.”

To mark this wonderful development in our legal system, Make My Will Solicitors would like to offer to draft the Wills free of charge to the first ten same-sex couples to tie the knot in Ireland. Please contact Susan for more details. E: susan@makemywill.ie 

With the passing of the Marriage Act 2015, same-sex couples now have the same Succession Law rights and entitlements as any other married couple, including an inheritance tax exemption; an issue that has caused a lot of grief and heartache for couples up to now. A spouse will not have any inheritance tax liability. When one considers the tax-free threshold a non-relative has (just €15,075, with the rest of the inheritance taxed at 33%) this is a great development. [Note: dwelling-house relief may also apply where couples are living together for more than three years]

A spouse is also entitled to a Legal Right Share of their spouse’s Estate. This differs depending on whether or not there is a Will:

– If a spouse dies without a Will and without children, the surviving spouse is entitled to the whole Estate. If there are children, the surviving spouse is entitled to 2/3 of the Estate.

– If a spouse dies with a Will and without children, the surviving spouse is legally entitled to 1/2 of the Estate. If there are children, the surviving spouse is entitled to 1/3 of the Estate.

For any queries on Succession Law and the rights of a Spouse, please contact susan@makemywill.ie