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Clarification on childrens rights to fathers estate

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  • 11-05-2014 10:51pm
    #1
    Teacup2014
    Registered Users Posts: 6 ✭


    Can anyone please clarify the following scenario for me please:

    Mr A married and had 1 child from marriage (legally divorced a long number of years), no contact with said child, has not made any provision for said child

    Mr A had child 2 but this child was adopted by maternal grandparents although there is contact with Mr A and this child. Plans on leaving all estate to said child

    Mr A now getting remarried, partner has 3 children from previous marriage. Mr. A has already drawn up a will years ago leaving his estate etc to Child 2.

    New partner concerned as to where this leaves her if they marry. Does his current will supersede the succession act. Will the new marriage mean the 2/3 1/3 rule where wife gets 2/3 and 1/3 divided between children. Will all children be entitled to part of his estate, does it matter that child 2 was adopted by grandparents, does this effect the childs entitlement to "fathers" estate and also will the 3 children from new partner have any rights, thanks?


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    #2
    stringy
    Registered Users Posts: 652 ✭✭✭stringy


    The new marriage will revoke his current will, unless that said marriage was made in contemplation of the marriage to this new woman.

    When they are married, the new wife will automatically be entitled to a one third share, if there is a subsequent will. If no new will is made, and A dies he will have died intestate, and she will be entitled to 2/3 and his children will share 1/3 between them.

    A child has no automatic right to be left anything, if a child is not included in a will, they can challenge the will under s.117 of the 1965 Act.


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    #3
    Teacup2014
    Registered Users Posts: 6 ✭Teacup2014


    Thank you Stringy, sorry I'm not 100% sure I understand you but are you saying:

    If he marries current partner then automatically his current will is void and she will get 2/3 and children (only his 2) will become automatically entitled to his estate even that child 2 was adopted by maternal grandparents?

    If he died and they haven't married then his current will leaving everything to child 2 will stand, even though child 2 was adopted? So wife 1, current partner and child 1 are entitled to nothing unless child 1 takes a case under the act you mention below.

    Thank for the reply


  • Options
    #4
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Spouses are always entitled to a certain share of the estate no matter what the will says. Children have no fixed entitlement once there is a will, only where there is no will.


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