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Second Marriage - Inheritance Laws

di11on · 2016-03-15 19:31:24

Hi folks, My dad passed away some years ago and my mum is considering getting remarried. Two quick questions: 1. What are the default inheritance laws if there is no will. Would everything go to her new spouse? 2. Can she elect in her will to leave everything to her children and nothing to her spouse (who would be in a…

15-03-2016 7:31pm

#1

di11on

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Posts: 1040

Hi folks,

My dad passed away some years ago and my mum is considering getting remarried.

Two quick questions:

1. What are the default inheritance laws if there is no will. Would everything go to her new spouse?

2. Can she elect in her will to leave everything to her children and nothing to her spouse (who would be in a parallel situation with his own estate and his own children). Doesn't the law require that you must leave at least 50% to your spouse?

Thanks in advance.

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Comments

#2 15-03-2016 8:42pm

P. Breathnach

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Join Date: November 2001

Posts: 11056

If there is no will, the estate is divided 2/3 to the spouse, and 1/3 shared between the children.

If there is a will, the spouse is entitled to a minimum of 1/3, even if it is not provided for in the will.

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