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disenherited

  • 23-07-2013 5:50pm
    #1
    Registered Users, Registered Users 2 Posts: 123 ✭✭


    ok were do myself and siblings stand on this our father who was married to our mother for 35 years and died 2 years ago has told our oldest sibling that he is leaving the family home to his girlfriend of a year shes only been living with him a few months . We my 2 siblings and myself are shocked to the core about this our mother slogged her guts out working to pay for everything in that house and i mean EVERYTHING while our father drank his part of the wages but hes sinced stopped drinking 2 years before our mother died she would turn in her grave if she knew what he plans to do if our father( i could think of another few words to call him ) dies and he wills everything to his girlfriend can we his children challenge his will in court we have given him 4 grandchildren 1 of whom is profoundly disabled we all know our father ( for want of a better word) is being extremely selfish there has been no rows or falling out or anything like that which is why we are all feeling shocked sickened and saddened at this time any advice please im at the end of the tether over this thank you


Comments

  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,559 Mod ✭✭✭✭johnnyskeleton


    I think you should speak to a solicitor about all of that.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    This is not always true, there can be circumstances where there is an obligation to make provision for offspring if, at the time of his death, a parent owes any moral obligation to the children which has not been provided, and which are within a testator's means.

    This does not always apply to all a testator's children, but special regard may be taken of a child who had a long illness or special needs - see X C v R T [2003] 2 IR 250.

    Note the high burden of proof that exists.

    The OP should speak to a solicitor.


  • Registered Users, Registered Users 2 Posts: 4,695 ✭✭✭December2012


    There is a moral obligation to provide for your child. This can be done during life or death. You are entitled to apply to the court under s 117 of the Succession Act. However this does not mean you will get anything. Like all cases - it depends ob the facts!

    Keep all proof of such statements by him.

    Speak to a solicitor now but I doubt there's much you can do at this point in time.


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