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Will question

  • 08-01-2015 3:24pm
    #1
    Mumha
    Registered Users, Registered Users 2 Posts: 1,246 ✭✭✭


    Hi

    I have a quick question. A relative has just died, and in the will left their estate to be divided equally between their 4 children. However one of the children died two years ago but the will was never updated. They do have a daughter living, so the question is, is the daughter entitled to her father's quarter portion of the estate ?

    Thanks


Comments

  • #2
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    NOT legal advice as that is not allowed here.

    This question is one for a solicitor as there are several possibilities.

    For instance ;

    1. Does the original will stipulate that the beneficiaries must be living at the time of the testator's death ?

    2. Did the deceased son have a will ? What does that say ?

    3. If not, his child's rights will probably be dealt with in turn on the rules of intestacy.

    4. If the child has inheritance rights a trust will probably have to be created.

    The list goes on so that is why a solicitor is required.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    98.—Where a person, being a child or other issue of the testator to whom any property is given (whether by a devise or bequest or by the exercise by will of any power of appointment, and whether as a gift to that person as an individual or as a member of a class) for any estate or interest not determinable at or before the death of that person, dies in the lifetime of the testator leaving issue, and any such issue of that person is living at the time of the death of the testator, the gift shall not lapse, but shall take effect as if the death of that person had happened immediately after the death of the testator, unless a contrary intention appears from the will.

    http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0098.html#sec98


  • #4
    Mumha
    Registered Users, Registered Users 2 Posts: 1,246 ✭✭✭Mumha


    coylemj wrote: »
    98.—Where a person, being a child or other issue of the testator to whom any property is given (whether by a devise or bequest or by the exercise by will of any power of appointment, and whether as a gift to that person as an individual or as a member of a class) for any estate or interest not determinable at or before the death of that person, dies in the lifetime of the testator leaving issue, and any such issue of that person is living at the time of the death of the testator, the gift shall not lapse, but shall take effect as if the death of that person had happened immediately after the death of the testator, unless a contrary intention appears from the will.

    http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0098.html#sec98

    Thank you, that's exactly what I needed answering.


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