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inheritance law / next of kin ?

  • 17-02-2009 8:19pm
    #1
    bazzare
    Registered Users, Registered Users 2 Posts: 59 ✭✭


    can anyone who is familiar with irish inheritance law clarify something for me

    my father is terminally ill, and although i am his next of kin in that im his only child, and my mother is already deceased, does that mean that i as the sole remaing family member,would be entitled to inherit the family home even if he left it to somebody else ?

    i have heard through a third party that my father intends to leave the house to a family friend...naturally i am schocked and suprised and upset by this

    surely as next of kin i would be entitled to something........legally do i have any claim to his assets , even if he doesnt will them to me ? replies appreciated


Comments

  • #2
    Sangre
    Registered Users, Registered Users 2 Posts: 12,186 ✭✭✭✭Sangre


    In a testate state (one with a valid will) a child has no automatic right to inherit. A will can be challenged though if the parent has morally failed to provide for the child however it is costly and expensive. If there is no will your are entitled to the entire estate, assuming the house hasn't been transferred already.

    This assumes your father has testamentary capacity.


  • #3
    Stirling
    Closed Accounts Posts: 135 ✭✭Stirling


    OP out of curiosity what age are you and at what stage in life - still a student/working?


  • #4
    m5ex9oqjawdg2i
    Closed Accounts Posts: 11,221 ✭✭✭✭m5ex9oqjawdg2i


    Stirling wrote: »
    OP out of curiosity what age are you and at what stage in life - still a student/working?

    What has that got to do with anything exactly?


  • #5
    Stirling
    Closed Accounts Posts: 135 ✭✭Stirling


    The obligations which may be owed to the OP could vary dependant on his stage in life.

    If a dependant of the father in the legal sense of the word:

    1) Under the age of 18, or
    2) Under the age of 23 and in full time education

    then the obligations, if any, of the father would vary. A child over the age of 18 and who is working or one who is over the age of 23 and has completed their education stand in a very different position to those who are under 18 or under 23 and in full time education for the purposes if family law i.e judicial separation and divorce and in such instances the parent is usually obliged to make provision for their upkeep until they reach the age of 18/finish their course of education.

    This is not a hard and fast rule but is relevant in family law cases and would be similarly relevant in such a situation as this where the action to be taken one would be one under s117 of the Succession Act 1965. Of course contributions made towards the upkeep of a child can also work against that child owing to the presumption of advancement - i.e the court can decide that contributions to the child made during the live of the parent contribute to the "moral obligation" held by the parent to provide for their child and that such advancements, if they exist, can be enough to bar the receipt of any further gifts on the part of the child.


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