inheritance

learn

What are the entitlements of children from a first marriage with regard to inheritance.

mathepac

It all depends ...

Bepolite

You can bring a section 117 application if you feel you've not been provided for in the will - I forget the actual standard. (oh yes moral duty proper provision etc...)

If the parent has died intestate there are various rules, my considered advice would be see a solicitor.

Peregrinus

learn wrote: »

What are the entitlements of children from a first marriage with regard to inheritance.

Inheritance from whom? Natural parent? Step-parent? Step-siblings? Half-siblings? Full siblings? Also, with whom are they in competition for inheritance? A step-parent? Half-siblings?

Best way to get advice on this is to give the full fact situation, and say what your concerns are.

JHdave

Peregrinus wrote: »

Inheritance from whom? Natural parent? Step-parent? Step-siblings? Half-siblings? Full siblings? Also, with whom are they in competition for inheritance? A step-parent? Half-siblings?

Best way to get advice on this is to give the full fact situation, and say what your concerns are.

It also depends on:

1. if the deceased left a Will or not
2. was the deceased married
3. how many children the deceased had

huskerdu

JHdave wrote: »

It also depends on:

1. if the deceased left a Will or not
2. was the deceased married
3. how many children the deceased had

And possibly what age the kids are ( adults or minors )

learn

huskerdu wrote: »

And possibly what age the kids are ( adults or minors )

Nobody has died yet. Wife has 4 grown up children (4O+ yrs.) from first marriage (first husband deceased). If wife died after making a will in which everything was left to new husband, would her children be able to contest the will.

234

learn wrote: »

Nobody has died yet. Wife has 4 grown up children (4O+ yrs.) from first marriage (first husband deceased). If wife died after making a will in which everything was left to new husband, would her children be able to contest the will.

Absenting exceptional circumstances that would justify a s.117 application, no.

And with adult children you would probably need to show some serious failure to provide for education etc while they were younger.

Peregrinus

What 234 said.

The only thing it occurs to me to add to that is that it might make a difference, in the particular circumstances of this case, if the wife's estate included substantial property which she inherited from her first husband, and if it could be shown that there was some expectation on his part that she, in turn, would leave that property to their children. It might then be argued that her "moral duty" to the children required her to leave to them the propety she had inherited from their father. This argument might be particularly strong it if was, e.g., a family farm.

But so far as I know there isn't an Irish case where such a claim has been considered under s. 117, so it's hard to know whether the courts would be sympathetic to such an argument.

234

The only issue with that is that s.117 can't prejudice the spouse's legal right share in the estate/family home.

learn

Peregrinus wrote: »

What 234 said.

The only thing it occurs to me to add to that is that it might make a difference, in the particular circumstances of this case, if the wife's estate included substantial property which she inherited from her first husband, and if it could be shown that there was some expectation on his part that she, in turn, would leave that property to their children. It might then be argued that her "moral duty" to the children required her to leave to them the propety she had inherited from their father. This argument might be particularly strong it if was, e.g., a family farm.

But so far as I know there isn't an Irish case where such a claim has been considered under s. 117, so it's hard to know whether the courts would be sympathetic to such an argument.

There is only the house, thanks for the advice.

GusherING

learn wrote: »

There is only the house, thanks for the advice.

If the house is jointly owned by you and your spouse then it does not pass by the terms of the willl. When one joint owner dies, the other joint owner then owns the house outright. In such a case, the will should be drafted to cover her other assets.