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Contesting a will.

  • 03-12-2021 8:31pm
    #1
    Registered Users, Registered Users 2 Posts: 883 ✭✭✭


    If my will states everything I own is left to my partner. My partner of numerous years.

    Can any of my family contest this, and if so on what grounds?



Comments

  • Registered Users, Registered Users 2 Posts: 11,719 ✭✭✭✭Jim_Hodge


    Without all the details and relationships known it's impossible to tell you. As your solicitor.



  • Registered Users, Registered Users 2 Posts: 5,310 ✭✭✭Xander10


    for instance are you still legally married to someone else?


    more info need



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123


    Do you have children? How old are they? Will you have sufficiently provided for them at the time of your death?



  • Registered Users, Registered Users 2 Posts: 883 ✭✭✭somuj


    Have no dependants. Just myself. Estranged from family. No previous wife.

    Can I leave everything to my partner without worrying bout anyone contesting



  • Registered Users, Registered Users 2 Posts: 11,719 ✭✭✭✭Jim_Hodge


    You can but consider tax implications of leaving to a partner.



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  • Registered Users, Registered Users 2 Posts: 3,636 ✭✭✭dotsman


    Make sure to marry them before you die. Otherwise a good chunk of that money will go to the taxman 😀



  • Registered Users, Registered Users 2 Posts: 1,221 ✭✭✭wildwillow


    Marrying your partner will certainly save a huge chunk of tax, depending on size of estate.

    Only you both can make that decision, and it may not suit your circumstances.

    Need to make new will after marriage.



  • Registered Users, Registered Users 2 Posts: 883 ✭✭✭somuj


    Aware of that. Just bothered about my family making trouble.

    Not dying or anything, just at that stage in relationship, discussing things and making all plans.

    Post edited by somuj on


  • Registered Users, Registered Users 2 Posts: 16,059 ✭✭✭✭Spanish Eyes


    Put everything into joint names (joint tenants), then the property/money will automatically go to the survivor. No need for a will, so no one can contest what doesn't exist. Your partner may die first though, which means everything comes to you, if you go first everything goes to him/her. Just an option.

    There may be a sizeable tax bill though, as non marital partners are treated as "strangers" for Inheritance Tax. Just to be aware.



  • Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    If you both live together and your partner doesn't have an interest in any other property, she could very likely inherit the property without any CAT arising. Ask your solicitor about Dwelling House Relief.

    No need for marriage and your family likely wouldn't have any grounds to contest your will (based on the very limited information you have provided thus far, your solicitor can advise you further in that regard).



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  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Do you have any adult children who are not dependent on you?

    Do you co-own any property with any member of your family?

    Are you married to your partner? If not, is there a particular reason you are not married?

    If a family member of yours was raising this query on this board about your estate, is there anything that they would mention to us that you have not mentioned?



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