wills and land law

NoQuarter

Hey folks,

Have a good hypothetical here, i know a similar case that happened a while ago and now that im studying land law im curious as to the possible outcomes!

So a mother and father have a freehold over a house and want to leave it to their child, who is of age, in their will. However their child is in a long term relationship and will possibly get married to their partner and mother and father would like for the house to be left soley to their child with no possibility of the marraige affecting that and the childs partner taking a share of the house!

how can this be done??

Again i realise this sounds like it could be a real situation but i assure you its not, ive been around this board long enough and im sure a few of you know im studying law!

Thanks.

edit: Ps, ive searched De Londras but its HUGE!

Tom Young

Do you know how to use the search function? I think this is addressed potentially under the topic Succession!

NoQuarter

With 52 results under the search term succession, most of which is probably hearsay and my exam this friday id rather take my chances with De Londras or perhaps even the succession act itself! :eek:

Dante09

king-stew wrote: »

Hey folks,

Have a good hypothetical here, i know a similar case that happened a while ago and now that im studying land law im curious as to the possible outcomes!

So a mother and father have a freehold over a house and want to leave it to their child, who is of age, in their will. However their child is in a long term relationship and will possibly get married to their partner and mother and father would like for the house to be left soley to their child with no possibility of the marraige affecting that and the childs partner taking a share of the house!

how can this be done??

Again i realise this sounds like it could be a real situation but i assure you its not, ive been around this board long enough and im sure a few of you know im studying law!

Thanks.

edit: Ps, ive searched De Londras but its HUGE!

From my limited knowledge of land law i reckon:
1) the parents are entitled to leave the property to the son alone. period.
2) but if the son later gets married and his wife outlives him, she will be entitled to at least the legal rights share of his property under S.115 of the Succession Act and under S.58 (i think) she has a right to request that the LRS under S.115 be satisfied by the transfer of the family home to her name.
3) If they get a divorce, she may eventually get some stake in the house depending on her contributions (family home resulting trusts) or looking at s.16 Family Law Act 1995 (courts division of family property upon divorce)

Basically, if the son gets married, there is very little the parents can do to prevent the wife from getting at least a share in the property eventually.
Feel free to correct me on this as I dont have much interest in this area and im sure the above reasoning is flawed and that there must be some sort of loophole of which im unaware.

ruth cannon

There is very little the parents can do to prevent this. Unfortunately it is very difficult to tie up property into the future.

As regards the future spouse's claim on death of the child - this is under Section 111 (not section 115) of the Succession Act and can actually be renounced by the spouse in writing and in this regard is not the major problem.

The problem is if the future spouse divorces/separates during the life of the child. They may well be given a share of the house. Pre-nuptial agreements are of uncertain effectiveness in this jurisdiction.

I suppose the ideal solution would be for the child to remain unmarried until such time as pre-nuptial agreements become operative in this jurisdiction but they may not be prepared to wait!!

partyguinness

ruth cannon wrote: »

There is very little the parents can do to prevent this. Unfortunately it is very difficult to tie up property into the future.

As regards the future spouse's claim on death of the child - this is under Section 111 (not section 115) of the Succession Act and can actually be renounced by the spouse in writing and in this regard is not the major problem.

The problem is if the future spouse divorces/separates during the life of the child. They may well be given a share of the house. Pre-nuptial agreements are of uncertain effectiveness in this jurisdiction.

I suppose the ideal solution would be for the child to remain unmarried until such time as pre-nuptial agreements become operative in this jurisdiction but they may not be prepared to wait!!

Ruth Cannon..giving out free legal advice..

It couldnt be...:eek:

Tom Young

partyguinness wrote: »

Ruth Cannon..giving out free legal advice..

It couldnt be...:eek:

Why could it not be?

ruth cannon

Fairly basic legal advice I'd say. I'd love to discuss legal issues on boards.ie more often but unfortunately I have to try to make a living too. :(My former students can vouch this is me by the way.:)

Victor

Dante09 wrote: »

Basically, if the son gets married, there is very little the parents can do to prevent the wife from getting at least a share in the property eventually.
Feel free to correct me on this as I dont have much interest in this area and im sure the above reasoning is flawed and that there must be some sort of loophole of which im unaware.

I imagine it is contrary to public policy for the parents to interfere with what is ultimately the sons marriage.

ConsiderThis

king-stew wrote: »

Hey folks,

Have a good hypothetical here, i know a similar case that happened a while ago and now that im studying land law im curious as to the possible outcomes!

So a mother and father have a freehold over a house and want to leave it to their child, who is of age, in their will. However their child is in a long term relationship and will possibly get married to their partner and mother and father would like for the house to be left soley to their child with no possibility of the marraige affecting that and the childs partner taking a share of the house!

how can this be done??

Again i realise this sounds like it could be a real situation but i assure you its not, ive been around this board long enough and im sure a few of you know im studying law!

Thanks.



edit: Ps, ive searched De Londras but its HUGE!

Perhaps they could investigate the possibility of putting the house in a trust with their son as beneficiary.

dermot_sheehan

If a trust is for the benefit of an adult who is compos mensis and there are no future interests, the beneficiary, is entitled to have the trust terminated and vested in him.

If there is marital break down the child's beneficial interest would be subject to vesting by the court carrying out the divorce. It would also be subject to the legal right share provisions.

NoQuarter

Its ok folks, I passed this exam already a year ago!!