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Question regarding claiming money

  • 12-09-2010 10:10am
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi everyone ,


    I have just been informed this morning that my father who i have not met or seen since i was 6months old is dead the last 2 years. I am 25 years of age. I have always known that he had a lot of land behind him and a few quid.

    Now am i able to appoint a solicitor to act on my behalf in order to make a claim for part of his estate ?

    Thanks for reading :-)


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    You could be out of time for a claim under s. 117 of the Succession Act

    it's 6 months from the grant of probate.


  • #3
    daltonm
    Closed Accounts Posts: 158 ✭✭daltonm


    25yearoldlad wrote: »
    Hi everyone ,


    I have just been informed this morning that my father who i have not met or seen since i was 6months old is dead the last 2 years. I am 25 years of age. I have always known that he had a lot of land behind him and a few quid.

    Now am i able to appoint a solicitor to act on my behalf in order to make a claim for part of his estate ?

    Thanks for reading :-)

    The best thing to do is appoint a solicitor to find out if you were named in the will.
    If you were not then there isn't much you can do I'm afraid (open to corection) - being an adult child does not automatically mean that you are entitled to your fathers estate.


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    daltonm wrote: »
    The best thing to do is appoint a solicitor to find out if you were named in the will.
    If you were not then there isn't much you can do I'm afraid (open to corection) - being an adult child does not automatically mean that you are entitled to your fathers estate.


    This is incorrect, s. 117 of the Succession Act provides:
    Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.
    (2) The court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children.

    There however is a strict 6 month time limit to apply to court.


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