Second property rights after death

Meredith

Just a query for a friend re second property that is not the family home. Family home is in Ireland, other property is abroad. The owner of both properties has always been the sole owner. The owner has recently passed away. I understand that the spouse and children have certain automatic rights with regard to the family home regardless of what is in the will (details of which have yet to be disclosed) but does anyone know if there are similar rights on the second property? Thanks

seamus

If a will exists, then the spouse is entitled to a minimum of one-third of the entire estate - which includes the family home. So by inheriting the family home, the spouse's legal right share may be satisfied.

Where a will exists, the children have no automatic entitlement to anything but can make an application to the court that they haven't be properly provided for in the will.

If the deceased is the sole owner of the property then the spouse may not have an automatic right to inherit the family home.

Tbh it sounds like it may be messy enough that your friend should hire a solicitor to manage the process.

coylemj

Meredith wrote: »

.... does anyone know if there are similar rights on the second property? Thanks

The answer to that question depends on where the property is located and the applicable laws on succession and inheritance in that country.

Meredith

Thank you both for your replies. My friend will be hiring a solicitor, it's a lot more complicated a case than just the property. We were just wondering if inheritance rights over the family home extended to the other property. Thank you both again