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Parents separated, no will, what happens if one dies?

  • 03-12-2018 1:31pm
    #1
    davo2001
    Registered Users, Registered Users 2 Posts: 3,323 ✭✭✭


    Hi,

    Both my parents are legally seperated for nearly 15 years, however never actual got a divorce.

    My dad as no will and is reluctant to do one (don't ask, i've tried!)

    In the event of one of their deaths, would my mother still be the automatic beneficiary or what way would it work??


Comments

  • #2
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    Things that are jointly owned by the two would - after his death - become the sole property of the other person. This is not 'inheritance' in the traditional sense of the word, and a will wouldn't change it.

    A deed of separation in Ireland does not generally include a dividing of property... so if the family home was jointly owned (as it probably was) then it still is jointly owned, and therefore would be solely owned after the death of either spouse irrespective of a will by one or the other.

    IANAL, open to be corrected.


  • #3
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    3DataModem wrote: »
    Things that are jointly owned by the two would - after his death - become the sole property of the other person. This is not 'inheritance' in the traditional sense of the word, and a will wouldn't change it.

    A deed of separation in Ireland does not generally include a dividing of property... so if the family home was jointly owned (as it probably was) then it still is jointly owned, and therefore would be solely owned after the death of either spouse irrespective of a will by one or the other.

    IANAL, open to be corrected.

    In my limited experience I have seen legal separations (court approved) with provisions precluding each spouse from making a claim on each otger’s Estate in intestate.


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