Family Law - Father's Will

obot112

Hi All,

I'm hoping you can provide me some guidance/advice on how best to go about this unusual query that I have.

So, I'm going on 30 years old this year and I'm living in Dublin with my mother all my life. My parents divorced/separated in 1992 when I was only a couple of months old and have been to the family courts over 100 times between 1994 and 2007 in relation to my father not paying maintenance, abusing me physically and mentally, kidnapping me for 2 weeks, forcing me to run away from home as he threatened he'd kill my mother and her family, refusing to return me from when I was seeing him on access and him trying to get custody of me. I was between the age of 2 and 14 when all this was going on.

So anyway, I've had no contact with my father since 2004 as it was too traumatic going through all of this and I refused to visit him on access. He's heading into his 70s now and is fairly well off, he owns 2 homes and multiple vehicles and lived like a king while my mother and me have always found it hard while I was growing up.

Regardless, we are both in steady jobs now and are able to get by however my query is, am I entitled to anything if he were to pass away? He stopped paying maintenance when I was about 8 years old and has made mine, my mothers and my family lives absolute hell since day 1.

I'm concerned that he will not include me in his will however I believe I should be entitled to his estate after everything we've gone through. Can someone please advise or point me in the right direction of a solicitor that can help please?

I accept all advise given!!

Spanish Eyes

If your parents did not divorce, and are merely separated/living apart, then your mother is entitled to 2/3rds of the estate and you 1/3rd, assuming you are an only child. That is where there is no will.

If there is a will and he has left your mother out of it (assuming not divorced just separated i.e. still legally married), then your mother is entitled to what is called the "Legal Right Share", i.e. 1/3rd of the estate where there are children (you). You are not entitled as of right, but can apply to the courts for recompense. Not always successful, but in your case sounds hopeful.

If legally separated at the time, or divorced, the agreement would have included inheritance rights.

obot112

Yes, my parents separated in 1993 and divorced in 1996 when it was signed in here after the 1995 vote.

That's exactly what I'm thinking, surely the courts will look at the history of the cases and believe that we are entitled to something if not all.

Can you advise of a solicitor who would be perfect to speak to about this? If you're not allowed to name names here, please pm me!

Spanish Eyes

Shop around, and google Family Law Solicitors Ireland. Best of luck.

Larbre34

In short, he can will his estate to whomever or whatever he likes at this stage. The divorce was a settlement and you are an adult. Unfortunately whats morally fair is seldom what is legally imposable.

Any family law Solicitor will be able to advise, you aren't likely to need the Perry Mason of the sector for this one.

Widdensushi

Has he remarried, more children? These cases can be won, but seem to be more successful if you get no mention in the will, if he leaves you a small amount it means that you weren't omitted, any chance of a reconciliation? It's a long time ago, give him a chance to explain his side more.

Electric Sheep

obot112 wrote: »

Yes, my parents separated in 1993 and divorced in 1996 when it was signed in here after the 1995 vote.

That's exactly what I'm thinking, surely the courts will look at the history of the cases and believe that we are entitled to something if not all.

Can you advise of a solicitor who would be perfect to speak to about this? If you're not allowed to name names here, please pm me!

I don't think that the decision will be made on the basis of you deserving to be paid off because he gave you a hard time. An award may be based on the child support that your father did not pay.

However, I think it's unlikely that your father has no will, considering the lengths he went to in an effort to make life difficult for you and your mother. Leopards don't change their spots in their old age.

Claw Hammer

The treatment of you may be relevant if you make a section 117 application. This would mean showing that your father had failed in his moral duty to make provisionj for you.
If you are not given anything or very little in his will you would have to institute proceedings and seek a court order. A lot would depend on your fathers other obligations at the time of death.

Marcusm

Larbre34 wrote: »

In short, he can will his estate to whomever or whatever he likes at this stage. The divorce was a settlement and you are an adult. Unfortunately whats morally fair is seldom what is legally imposable.

Any family law Solicitor will be able to advise, you aren't likely to need the Perry Mason of the sector for this one.

Except where the parent has failed in his moral duty to make proper provision for the child. IANAL but I would imagine that failure to make court awarded maintenance payments since the age of 8 would be a very material factor. I assume that any legal entitlement for back payment of the maintenance would rest with your mother and that you would need to await his death to make a claim.