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Death of beneficiary of a will - spouse right to reside in home

  • 06-10-2014 10:13am
    #1
    johnjoesim
    Registered Users, Registered Users 2 Posts: 47 ✭


    A testator (e.g. the father) makes a will and dies in 2010, one of the gifts in the will is his house to be gifted to 4 beneficiaries (4 of his children). However, there is a stipulation in the will that his wife (their mother) can reside in the house until her death. One of the beneficiaries dies in 2014 while his mother (the spouse) remains alive. Given that he did not predecease his father (the testator), I presume the deceased beneficiary's heirs are still entitled to his share of the property?


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,804 ✭✭✭GerardKeating


    johnjoesim wrote: »
    A testator (e.g. the father) makes a will and dies in 2010, one of the gifts in the will is his house to be gifted to 4 beneficiaries (4 of his children). However, there is a stipulation in the will that his wife (their mother) can reside in the house until her death. One of the beneficiaries dies in 2014 while his mother (the spouse) remains alive. Given that he did not predecease his father (the testator), I presume the deceased beneficiary's heirs are still entitled to his share of the property?

    Kind of depends on how the original will was worded, but (baring any special/weird clause in the original will) you would presume right.


  • #3
    AndonHandon
    Closed Accounts Posts: 1,382 ✭✭✭AndonHandon


    +1 to the above.

    It depends how the will was phrased; it could have stipulated that a child who predeceases the father loses their share.


  • #4
    Esel
    Registered Users, Registered Users 2 Posts: 23,071 ✭✭✭✭Esel
    Not Your Ornery Onager


    Just out of interest - is per stirpes distribution the norm or the exception in this country?

    Not your ornery onager



  • #5
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    I like the way you used the red herring of the wife still living there to mask the true question. Kudos.


  • #6
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    AndonHandon wrote: »
    +1 to the above.

    It depends how the will was phrased; it could have stipulated that a child who predeceases the father loses their share.

    Which would have had no effect in this case since the child outlived the father.


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  • #7
    Stella Virgo
    Banned (with Prison Access) Posts: 478 ✭✭Stella Virgo


    you're looking for your share now,aren't you....;)


  • #8
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    The order is set down in the sucession act.

    It must be a testate situation if she has a life interest.


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