Inheritance Question

astonaidan

Ok my mother and father have seperated and my father is going to get a percentage of his mothers House&Farm sale.

What I want to know is whether my mother is entitled to any of it?

Ken.

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/succession.html
The share to which the spouse/civil partner is entitled is often called “a legal right share”. The surviving spouse/civil partner is legally entitled to the appropriate share regardless of the actual terms of the will. The fact that the parties may have lived apart for many years does not of itself affect their entitlements under the Act.


Succession rights can be renounced voluntarily by either or both spouses/civil partners in a separation agreement. In granting a decree of judicial separation, a court can extinguish a spouse's succession rights if it is satisfied that adequate provision exists for the spouse whose rights are being extinguished.


A divorced spouse or a civil partner whose civil partnership has been dissolved can make an application to court seeking a share of the estate of their former spouse/civil partner, provided that the application is made within six months of the date of the Grant of Probate or Administration and the divorced spouse/civil partner has not remarried or entered into a new civil partnership.


If they divorced less than 6 months ago get her to go see a solicitor.

sffc

ken wrote: »

http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/succession.html
The share to which the spouse/civil partner is entitled is often called “a legal right share”. The surviving spouse/civil partner is legally entitled to the appropriate share regardless of the actual terms of the will. The fact that the parties may have lived apart for many years does not of itself affect their entitlements under the Act.


Succession rights can be renounced voluntarily by either or both spouses/civil partners in a separation agreement. In granting a decree of judicial separation, a court can extinguish a spouse's succession rights if it is satisfied that adequate provision exists for the spouse whose rights are being extinguished.


A divorced spouse or a civil partner whose civil partnership has been dissolved can make an application to court seeking a share of the estate of their former spouse/civil partner, provided that the application is made within six months of the date of the Grant of Probate or Administration and the divorced spouse/civil partner has not remarried or entered into a new civil partnership.


If they divorced less than 6 months ago get her to go see a solicitor.

All the above refers to where a spouse dies - not where they recieve an inheritance from a parent - what the OP asked.

Taltos

OP - please contact one of the resources on our useful links thread or advise your mother to contact her solicitor.
I am not 100% sure but any change to the Deed of Separation now will require legal guidance.

Per the citizen's advice page:

The actual document drawn up and signed by both parties, when they reach agreement, is often called a Deed of Separation and is a legally binding written contract. The main issues dealt with in a separation agreement are as follows:
The occupation and ownership of the family/shared home and any other property
Maintenance and any lump sum payments
Indemnity from the debts of the other spouse/civil partner

However as her ex's personal situation has changed there may be legal recourse but that really does require legal input.


Mod Note: For the moment we will leave this thread open, but due to the nature of your query here I think we will have no choice but to close it shortly as we cannot offer legal advice here.

astonaidan

I possibly should have worded it better at the time, I wasnt looking for legal advice, my parents get on well and she didnt want anything the same way he didnt when it was her inheriting. It was more a question us the nosey kids had among ourselfs and I had forgotten about till today till I was looking over posts I started