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Will dispute

  • 14-08-2011 12:51am
    #1
    paul4green
    Registered Users, Registered Users 2 Posts: 92 ✭✭


    This may seem heartless but I need to find out.

    My dad is alive. He and my mum divorced and he had never helped us out financially( or emotionally) at ALL in our lives.

    He fled(as a coward does) to the UK with his new girlfriend and their kids after a judge ordered him to bring all financial details into court to determine how much child maintenance he should pay.

    Whilst my mother (worked 2 jobs), sisters and I struggled to manage at home.

    He has since married his girlfriend. Has plenty of money and a few properties.

    If he was to pass *sarcastic tone* god bless him ..

    1. Would my siblings and I be entitled to anything ?
    2. If he decided to leave everything to his new wife and kids , could we contest the will
    3. Has he committed a crime in not helping us out financially in our lives?

    Thanks guys , I really appreciate this


Comments

  • #2
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Not sure how old you are? Assuming you are not a minor, I don't think you ahve any claim on him unless he dies intestate in which case if he remains domiciled in Ireland or has some part of his estate (i.e. assets) within the Irish jurisdiction, the Succession Act will determine the disposition of his estate which includes fixed portions for his spouse and children.

    Your mother may have or may have had claims on him for maintenance and/or child support.


  • #3
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    paul4green wrote: »
    This may seem heartless but I need to find out.

    My dad is alive. He and my mum divorced and he had never helped us out financially( or emotionally) at ALL in our lives.

    He fled(as a coward does) to the UK with his new girlfriend and their kids after a judge ordered him to bring all financial details into court to determine how much child maintenance he should pay.

    Whilst my mother (worked 2 jobs), sisters and I struggled to manage at home.

    He has since married his girlfriend. Has plenty of money and a few properties.

    If he was to pass *sarcastic tone* god bless him ..

    1. Would my siblings and I be entitled to anything ?
    2. If he decided to leave everything to his new wife and kids , could we contest the will
    3. Has he committed a crime in not helping us out financially in our lives?

    Thanks guys , I really appreciate this

    You say your father left to reside in the UK if he is still there when he dies then it is UK law that applies.

    In Ireland the law is governed by section 117 of the succession act 1965

    117.—(1) 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.

    (3) An order under this section shall not affect the legal right of a surviving spouse or, if the surviving spouse is the mother or father of the child, any devise or bequest to the spouse or any share to which the spouse is entitled on intestacy.

    (4) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.

    (5) The costs in the proceedings shall be at the discretion of the court.

    (6) An order under this section shall not be made except on an application made within twelve months from the first taking out of representation of the deceased's estate.


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