Inheritance

marykitty47

Hi All

My father is currently in a nursing home and I haven't seen in in over 20 years. He had children from a previous marriage who he is still in contact with and they live in the his family home now. I know my father has alot alot of money and they are basically getting the benefits from it. Where do I stand legally here can i I get my share now or do I have to wait until he dies to see what/if I am left Any thing in his will?

As cold as it sounds he made the decision to cut contact with me as a child so I just want to know where I stand.

Soulsun

marykitty47 wrote: »

Hi All

My father is currently in a nursing home and I haven't seen in in over 20 years. He had children from a previous marriage who he is still in contact with and they live in the his family home now. I know my father has alot alot of money and they are basically getting the benefits from it. Where do I stand legally here can i I get my share now or do I have to wait until he dies to see what/if I am left Any thing in his will?

As cold as it sounds he made the decision to cut contact with me as a child so I just want to know where I stand.

Feck the money .... Go up and see him!

seamus

You have no "share" in his estate. Children are entitled to nothing.

When he dies and you find that he has left you nothing in his will, you can make an application within six months to a court that you have not been "adequately provided for" in the will.

There is no hard and fast rule on this. The court will look at your current income and family circumstances, as well as your relationship with the deceased and any care you have provided to him, in deciding on how much, if anything, you should be granted from his estate.

If you are an adult with your own income and you've had no interaction with your father in 20 years, then the chances of the court giving you anything are very, very slim.

Mr. Incognito

Hi there

Firstly there is no right or wrong answer. It entirely depends on the circumstances

https://www.lawreform.ie/news/report-on-section-117-of-the-succession-act-1965-aspects-of-provision-for-children.758.html

Here's the ladybird version; https://www.thejournal.ie/wills-moral-duty-3416828-May2017/

Section 117 of the Succession Act provides a mechanism for Children who have been failed by their parents to make proper provision for them during their lifetime to apply to the Courts .

There is no onus on you to have made any provision for your parent under the Section as stated above. It is entirely based around whether the parent has failed in their moral duty towards the child.

The Court will look at

- how the parent has provided for their other children by comparison
- the assets that are in the estate.
- how you were treated particularly as a child

In general if they have provided for you until you are 18 they have fullfulled their duty. You are an adult after that.

If your father took off when you were a child you would have a fairly strong case but you will need to go see a solicitor.

And yes, you have to wait until he is deceased to make a claim on the estate.

Section 117 applications are messy, long and complicated. Make sure you get a good solicitor.

drunkmonkey

A lot of it could have been given away before he ended up in the nursing home depending on his solicitors/accountants advice.
Go see him though, it'll hurt a lot more if something happens and you haven't.

dunleakelleher

marykitty47 wrote: »

I haven't seen in over 20 years.

I get my share.

:eek:

tedpan

marykitty47 wrote:

As cold as it sounds he made the decision to cut contact with me as a child so I just want to know where I stand.

Soulsun wrote:

Feck the money .... Go up and see him!

He cut contact with the OP when the OP was a kid, sounds like a dick to me..

Homer

tedpan wrote: »

He cut contact with the OP when the OP was a kid, sounds like a dick to me..

Yep, yet the OP wants their "fair share" of said dicks money

“There is something about wills which brings out the worst side of human nature. People who under ordinary circumstances are perfectly upright and amiable, go as curly as corkscrews and foam at the mouth, whenever they hear the words 'I devise and bequeath.”
― Dorothy L. Sayers, Strong Poison

punisher5112

He forgot about you which is shocking op and very sad of course for you.

You should be prepared to get nothing and I honestly don't get why anyone thinks they're entitled to someone else's money, house and anything else for that matter.

Op this is going to sound heartless but fcuk him and his money.

You done without him and you can keep your head high that you have turned out well.... I am guessing here but hope life has worked out despite the low life leaving.

You need to move on, leave him off and them and continue on with your life and enjoy it.

Don't be bitter and forget about it if you can or it will eat you up inside.

coylemj

Mr. Incognito wrote: »

If your father took off when you were a child you would have a fairly strong case but you will need to go see a solicitor.

The children of his first marriage appear to be well looked after so I doubt if he abandoned anyone. OP is a product of his second marriage/relationship.

marykitty47 wrote: »

He had children from a previous marriage who he is still in contact with and they live in the his family home now. I know my father has alot alot of money and they are basically getting the benefits from it.

splinter65

marykitty47 wrote: »

Hi All

My father is currently in a nursing home and I haven't seen in in over 20 years. He had children from a previous marriage who he is still in contact with and they live in the his family home now. I know my father has alot alot of money and they are basically getting the benefits from it. Where do I stand legally here can i I get my share now or do I have to wait until he dies to see what/if I am left Any thing in his will?

As cold as it sounds he made the decision to cut contact with me as a child so I just want to know where I stand.

Is his current wife dead? Do you know your half brothers/sisters to talk to?
He may have made a will and he may not. Is his name on your birth cert?
You’re not entitled to anything of course before he dies. I don’t know what would make you think that you would.
After he’s dead no one is entitled to anything until probate has taken place and all his debts have been cleared.
Being in a nursing home isn’t any indicator that he might die soon either.
If he does die you will need to instruct a solicitor to look into your claim and that will cost you money with 0 garuntee of any success to you.

Mr. Incognito

OP

There is a LOT of misinformation and judgment and moralising on this thread.

I am not really going to bother pointing it out.

Go see a solicitor. Its a legal issue but this is a great example of why you shouldnt take legal advice off the internet.

GM228

Mr. Incognito wrote: »

OP

There is a LOT of misinformation ... on this thread

Ah but didn't you know that all conflicting posts from anonymous Boardies which have no authority to cite are in fact "fact'.

Joking aside, +1 to what Mr. I has said, see a solicitor who specialises in such issues OP.

nuac

Mod
I agree with Mr Incog and GM228.
Talk to your solicitor.
Closing thread