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Foreign wills and Irish laws

  • 07-10-2011 7:54pm
    #1
    Break all ties
    Closed Accounts Posts: 114 ✭✭


    Say an Irish citizen resident abroad who has an estranged wife in Ireland dies abroad and has a will made where he is resident abroad, can the estranged wife use irish law to claim what she thinks is hers?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Break all ties wrote: »
    Say an Irish citizen resident abroad who has an estranged wife in Ireland dies abroad and has a will made where he is resident abroad, can the estranged wife use irish law to claim what she thinks is hers?

    I think it may be down to where the decease is domiciled, not resident.

    Where did he want to be buried? That may indicate domicile.

    The wife has certain rights under Irish law to joint assets and the family home (if in Ireland).

    What is the law in the other country regarding such situations? Is the will valid under the law of the other country?

    Does the will state which law it is made under?

    A solicitor is probably needed.


  • #3
    Break all ties
    Closed Accounts Posts: 114 ✭✭Break all ties


    He wants to be buried in Bulgaria. His will is made under Bulgarian law and written in the Bulgarian Language.

    Bulgarian law allows you to disinherit a spouse and children as you see fit.

    He has nothing in Ireland at all.

    The question is can the widow in Ireland use the Sucession Act 1965 to get access to his Bulgarian assets?


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


    If he is bulgarian born and resided there for all his life he is a bulgarian domiciliary and the laws of bulgaria apply.


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