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House Entitlement

  • 05-09-2019 9:56am
    #1
    soloeffort79
    Registered Users, Registered Users 2 Posts: 46 ✭


    I have a friend of mine who was asking me what the issues could be down the line with the following arrangement.

    His Dad is legally divorced and is now living in his home with a new partner. This partner originally had her own house but is now renting this out. She keeps the rent money herself. She has now officially moved in with her Dad and is paying half the bills but no rent and is also discussing about making this her new primary residence

    His Dad has a will made out that the house would be left to his children. The question is if his Dad's partner changes her primary resident to his Dad's house and say something happens his Dad whilst they are still together, is his partner entitlement to part of the house or will the will take precedence?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,988 ✭✭✭✭Peregrinus


    If they are not married, and the new partner is not a joint owner of the the house, she has no inheritance rights, unless he leaves her the house or a share of it in his will.

    Might be different if she was directly or indirectly helping him to pay for the house, but you do not suggest that this is happening.

    Also, will be different if they marry (obviously).

    You talk about the new partner "discussing about making this her new primary residence", but I don't understand what you mean by this. From the facts as described by you it's already her primary residence. She lives there and, having rented out the house she owns, she now has no other residence available to her. How is it not her primary residence right now?


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,574 ✭✭✭✭Victor


    Peregrinus wrote: »
    If they are not married, and the new partner is not a joint owner of the the house, she has no inheritance rights, unless he leaves her the house or a share of it in his will.
    There are some rights associated with the nature and length of relationship, under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,988 ✭✭✭✭Peregrinus


    Victor wrote: »
    There are some rights associated with the nature and length of relationship, under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
    The couple describe in the OP would be cohabitants, not civil partners. SFAIK cohabitants have no inheritance rights under that Act (though civil partners do).


  • #5
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Peregrinus wrote: »
    The couple describe in the OP would be cohabitants, not civil partners. SFAIK cohabitants have no inheritance rights under that Act (though civil partners do).

    Is there not a potential claim under s194 of that Act against the estate of the the (theoretically) decreased?


  • #6
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,988 ✭✭✭✭Peregrinus


    Marcusm wrote: »
    Is there not a potential claim under s194 of that Act against the estate of the the (theoretically) decreased?
    You're quite right - my bad. If she's a "qualified cohabitant" (they are together for at least 5 years, or at least 2 years plus they have a child) she can apply for an order for provision to be made for her out of his estate. To succeed she will have to satisfy the court that the deceased did not make proper provision for her during his lifetime.

    It's up to the court to decide what provision, if any, to order for her, having regard to what the deceased did for her while he was alive, what he has done for her in the will (if anything), "the rights of any other persons having an interest in the matter", the financial circumstances, needs and obligations of the deceased and the surviving partner, etc, etc.

    I don't know if there is much case-law showing how, or the extent to which, the courts tend to exercise this power, but she could certainly apply.


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