Unworthy to Succeed?

Marathon Man

Hi all, just a couple of quick questions: What exactly does 'unworthy to succeed' mean? When does it apply e.g. only where there is a will? Does it still apply if the remaining spouse was not living in the family home nor paying for it for say 14 years, despite their name still being on the mortgage?

Thank you

dermot_sheehan

It applies in relation to a will only where the proposed beneficiary committed homicide against the testator and the will was not made after the act of homicide.

For under intestacy it applies to a spouse who deserts or any person who commits an offences punishable by more then two years against the deceased or his/her child. In such case that person shall not be able to succeed under intestacy or have a right to a legal share.

partyguinness

Part X of the Succession Act 1965 should be your starting point.

http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0120.html#zza27y1965s120

Marathon Man

Thanks for the answers- very helpful. So if a will does not exist 'unworthy to succeed' does not apply?
As previously stated the spouse had deserted the family for 14 years. In that time the children grew up without any financial support from him/her. Despite not paying anything towards the mortgage, the spouses name is still on the deeds. Can they just waltz in and claim the house, making those who are resident homeless?
Also the wishes, despite a lack of a will, of the deceased was for the children to inherit their assets.
What is the position of everyone involved?

Thanks again

partyguinness

Are the parties divorced?

A spouse is entitled to a "legal right share" (in this case a min of 1/3 of the estate on death). So yes the spouse can claim their share in the estate if they are not divorced (as succession rights are normally extinguished).

The family home can be used to satisfy the legal right share.

Marathon Man

No, in this case they are not divorced, although they were in the end game of one.
Would a history of drunken violence (which led to the ejection of him/her from the family home) work in the favour of the children in this case?
If not divorced, what then is this absentee spouse entitled to- one third or more?

Cheers MM

partyguinness

The law is quiet clear.

Section 111- a spouse is legally entitled to 1/3 of the estate subject to section 120. Doesnt mean they have to take it though.

McCrack

partyguinness wrote: »

The law is quiet clear.

Section 111- a spouse is legally entitled to 1/3 of the estate no matter what. Doesnt mean they have to take it though.

There are exceptions to the Legal Right Share and gabhain7 has stated them.

The exceptions are any sane person convicted of the murder, attempted murder or manslaughter of the testator.

A spouse who has obtained a divorce mensa et thoro

A spouse guilty of desertion of the other spouse for at least two years

A person convicted of any offence against the deceased or his/her spouse/child punishable by at least two years

These are all instances when a person is deemed 'unworthy to succeed' despite on the face of it being entited to a legal share.

partyguinness

McCrack wrote: »

There are exceptions to the Legal Right Share and gabhain7 has stated them.

The exceptions are any sane person convicted of the murder, attempted murder or manslaughter of the testator.

A spouse who has obtained a divorce mensa et thoro

A spouse guilty of desertion of the other spouse for at least two years

A person convicted of any offence against the deceased or his/her spouse/child punishable by at least two years

These are all instances when a person is deemed 'unworthy to succeed' despite on the face of it being entited to a legal share.

Yes and I think the OP has ruled out s.120(1) at the moment so s.120(2) should work in favour of the exisiting children because of the desertion. My previous post came across wrong.

Marathon Man

McCrack wrote: »

A spouse guilty of desertion of the other spouse for at least two years

Brilliant thanks. This is indeed the case. So even though there is no will, the children will be the main beneficiaries?

dermot_sheehan

Marathon Man wrote: »

Brilliant thanks. This is indeed the case. So even though there is no will, the children will be the main beneficiaries?

If the other spouses name is still on the deeds he will be owner of the entire property (if its held jointly) or half of it (if held in common) if the other spouse passes away.

Inheritence only kicks in if the property is not held jointly and then only for the bit of the property the spouse doesn't own. If as is commonly the case, the property is held jointly, the other spouse gets the entire property on the death of the other, not by virtue of inheritence but because they are joint owners.

Marathon Man

gabhain7 wrote: »

If the other spouses name is still on the deeds he will be owner of the entire property (if its held jointly) or half of it (if held in common) if the other spouse passes away.

Inheritence only kicks in if the property is not held jointly and then only for the bit of the property the spouse doesn't own. If as is commonly the case, the property is held jointly, the other spouse gets the entire property on the death of the other, not by virtue of inheritence but because they are joint owners.

Ok, not good. So, despite deserting, not giving a damn, not paying for any of the property or child maintenance- the person can just stroll in and take the property away from those who were actually loved by the deceased?
Is there anything which can be done by the children to stop such an eventuality from occuring?

McCrack

It depends on the facts and there arent enough to give you a definitive answer to that.

I don't think this is the place to trash it all out to be honest. An appointment with a family law solicitor is your best bet.

Marathon Man

McCrack wrote: »

An appointment with a family law solicitor is your best bet.

Done.
I just wanted to see what I have to expect in advance.

Thanks