query regarding common law partner and will

firestarter51

right so long story short my mother is 65, has her own bungalow paid for living of a very small work pension and state benefit
she started a relationship with a married man know to the family for years, he is staying over at weekends giving her money for bills and maintaining the property, various diy and gardening
now this might seem fine but i just don't trust the man, he inquired about who she was willing everything too including her company pension as he said he would leave his to her hmmm
anyway she took a lump sum on retiring so no pension can be left to anyone, she told him this and he rang the pension company to check...
my mother made a will a couple of years ago leaving her house to me and everything else to my younger brother
my concern is will this man have any claim on her property, will he be classed as common law husband ?
maybe i am just paranoid
there was allegations about this man abusing a resident in an institute years ago and i haven't trusted him ever since

NipNip

As far as I know after five yrs they are common law. I would be more concerned about my mother than her legacy though

firestarter51

NipNip wrote: »

As far as I know after five yrs they are common law. I would be more concerned about my mother than her legacy though

I am concerned but anything I say is falling on deaf ears, my brother won't get involved I don't know what to do.
The mans wife was getting treated for cancer when he started going out with my mother
An awful thing to do IMO, I'm trying not to worry too much as I'm 35 weeks pregnant
Not sure if this is me being paranoid or if he is after her house and savings

padser

NipNip wrote: »

As far as I know after five yrs they are common law. I would be more concerned about my mother than her legacy though

yup, that was my thought reading the post as well.

@OP, since it appears your main concern is whether you will be potentially cut out of her will I'd suggest you talk to a solicitor specializing in probate. As far as I know the 5 yr rule referred to by NipNip has been changed fairly substantially about 5 to 8 years and there is no longer a timescale of anything like that length. Also there are some obligations on parents to provide for children etc so it's possible you can't be completely cut out.

firestarter51

padser wrote: »

yup, that was my thought reading the post as well.

@OP, since it appears all you are interested in is whether you will be potentially cut out of her will I'd suggest you talk to a solicitor specializing in probate. As far as I know the 5 yr rule referred to by NipNip has been changed fairly substantially about 5 to 8 years and there is no longer a timescale of anything like that length. Also there are some obligations on parents to provide for children etc so it's possible you can't be completely cut out.

that wasn't my main concern i was keeping the discussion to the thread which is legal discussion

firestarter51

i wasn't worried about being cut out of the will, she said she has left me the house, if she changes it to one of my brothers kids i don't mind, i am just suspicious as to why the man is paying bills and working on the house
maybe he is genuine, just seems odd to me

padser

firestarter51 wrote: »

that wasn't my main concern i was keeping the discussion to the thread which is legal discussion

that's fair enough. Legal discussion piece answered below.

Additionally, I'd suggest asking your mother about your concerns re the Will. It's easier to have a full discussion with the solicitor if you have your mother with you.

oppenheimer1

She did say the man was married. Can you be a common law husband to a person while married to someone else? I wouldn't have thought so?

firestarter51

oppenheimer1 wrote: »

She did say the man was married. Can you be a common law husband to a person while married to someone else? I wouldn't have thought so?

Divorce is going through now
I feel so sorry for his wife, battling cancer and an 18 year old son to look after

Pro Hoc Vice

1 there is no such thing in ireland as common law spouse we now do have http://www.irishstatutebook.ie/2010/en/act/pub/0024/

See part 15

http://www.irishstatutebook.ie/2010/en/act/pub/0024/sec0172.html#sec172

Sets out who is a cohabitant.

http://www.irishstatutebook.ie/2010/en/act/pub/0024/sec0202.html#sec202

Sets out how to contract out of the Act,

http://www.irishstatutebook.ie/2010/en/act/pub/0024/sec0194.html#sec194

Sets out how to make a claim on an estate.

cobhguy28

NipNip wrote: »

As far as I know after five yrs they are common law. I would be more concerned about my mother than her legacy though

There is no common law wife/husband in Ireland.

cohabitant act comes into play after 4 years where one person is dependant on the other person. If one person is not dependant on the other then it does not come into play.

Payments towords household bills and maintance of home. Payment towards a general fund that pays the mortgage or direct payment of the mortgage can lead to a claim for some ownership in proprotion of the payments made, however if home is allready owned outright then there can be no claim on property no matter how big the payments. Maintance of the properety do not give a claim on a house ever even if you build a whole new house.

firestarter51

cobhguy28 wrote: »

There is no common law wife/husband in Ireland.

cohabitant act comes into play after 4 years where one person is dependant on the other person. If one person is not dependant on the other then it does not come into play.

Payments towords household bills and maintance of home. Payment towards a general fund that pays the mortgage or direct payment of the mortgage can lead to a claim for some ownership in proprotion of the payments made, however if home is allready owned outright then there can be no claim on property no matter how big the payments. Maintance of the properety do not give a claim on a house ever even if you build a whole new house.

Thanks for that, I'm hoping she sees the light eventually

Pro Hoc Vice

cobhguy28 wrote: »

There is no common law wife/husband in Ireland.

cohabitant act comes into play after 4 years where one person is dependant on the other person. If one person is not dependant on the other then it does not come into play.

Payments towords household bills and maintance of home. Payment towards a general fund that pays the mortgage or direct payment of the mortgage can lead to a claim for some ownership in proprotion of the payments made, however if home is allready owned outright then there can be no claim on property no matter how big the payments. Maintance of the properety do not give a claim on a house ever even if you build a whole new house.

It's a bit more complex than bring dependent on the other and it's not 4 years it's 2 years if children and 5 if not. If in any doubt any persons living together should seek legal advice about contracting out of the Act as any surviving cohabitant can seek to make an application under the act on the death of the other.

DBB

The op says that this man stays over at weekends.
I presume this doesn't constitute cohabitation?
If this is the case, then the legislation applying to cohabiting couples and succession wouldn't apply, surely?

In any case, Paragraph 6 of S.172 of the Act, quoted already above, may negate him ever becoming a qualified cohabitant, due to his marriage still being in existence whilst he is in a relationship with someone else (op's mother), although this depends on whether the 4-out-of-the-past-5-years stipulation applies, which it may do given that he's divorcing his wife at present:
http://www.irishstatutebook.ie/2010/en/act/pub/0024/sec0172.html#sec172

Or have I missed something?

lab man

hi be carefull with bills being paid he can say he is also paying for up keep of the house I kno where this has happened an the person had to pay 40k to get him out

cobhguy28

lab man wrote: »

hi be carefull with bills being paid he can say he is also paying for up keep of the house I kno where this has happened an the person had to pay 40k to get him out

upkept of a house gives no claim to the house. This falls under the law of equity.

lab man

he said he was helping to pay the mortgage when it went to court