Inheritance & marriage

Zipppy

If one has children..then gets married..can one ensure (perhaps by a will?) that one's savings (or part thereof) go to the children rather than new spouse?
Would changing savings to joint accounts with children be an option?

Geuze

I don't think this is possible in Ireland?


http://brophysolicitors.ie/inheritance-rights-of-the-surviving-spouse/


Spouse will get 1/3 min, it seems?

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Peregrinus

It is possible for spouses to renounce their succession rights. They have to do this in writing, by pre- or post-nuptial agreement, and it's commonly done where people who already have childern enter a second marriage. They agree between themselves what is to be done with respect to estate planning, they make wills accordingly, and they mutually renounce their succession rights under the Act.

This doesn't mean that the surviving spouse gets nothing; he or she gets whatever is provided under the Will, but they have renounced their right to claim a larger amount under the Succession Act.

OP, if you already have children and you are contemplating a second marriage, or if your intended spouse has children, or both, you should sit down with your partner and talk these things through. I undertstand that it can be an awkward subject to raise but, trust me, it's a hell of a lot easier and less painful to deal with now than when one of you has died.

P. Breathnach

The "part thereof" in OP's question might make it easier.

Normally the spouse's legal entitlement is to 1/3 of the estate. If the part that OP wants to pass to the children is less than 2/3 of the estate, it can be done very simply by a will.

[It becomes a little trickier if OP wants to give the children the family home, or if there are children of the second marriage.]