Inheritance rules

CPTM

Imagine a standard family with 2 parents, 2 kids.

Then say the mother dies, and 5 years later the dad remarries.

Firstly, am I correct to assume that when the dad then dies, the new wife inherits everything?

What happens when she dies then, can she write up a will that divides all the money out to her brothers/sisters and her own children that perhaps she had with a previous partner when she was younger?

So the original 2 kids are dividing their own parents money with the new wife's children?

phildub

This question is too vague, nothing to say the husband inherited everything from his first wife. What did her will day. What assets were in joint names and what were just hers.

Then what did thr husband's will say? If no will second wife does not automatically get everything unless it was all in joint names

Simple answer is, if everything is left to second wife in will and no mention of trust for children then wife can do what she wants with her assets. Children can bring an application under s.117 to contest their fathers will in that they weren't properly provided for, if count finds they weren't they court will apportion assets between children and second wife

walshb

Without knowing exact details, marriage trumps everything. So second wife is no different than 1st wife in terms of inheritance between spouses/family.

TooTired123

My friend (late 50s, no kids of her own) married a divorced man 15 years older than her.

He has two children from his first marriage (ended in divorce )who are now in their 40s and 4 grandchildren all teenagers.

His first wife is now deceased.

He’s retired now a number of years but is in poor health, sadly.

He was very savvy with his wages all over the years and is very comfortably well off.

He’s helped his children out financially very extensively over the years (deposits for houses, weddings, car loans, the usual thing) but they are both very poor at managing money. They are always looking for handouts.

I hope they don’t think that they are going to get very much if he dies because he’s made his will and apart from quite small amounts my friend is going to get everything (assuming she survives him).

She’s also made a will and she’s left all to him (should he survive her) and if he’s gone she has left it all to her own blood nieces and nephews.

CPTM

Apologies for the vagueness. My understanding was that when a spouse dies, the assets are automatically transferred to the surviving spouse (will or no will) because legally they are one person and so no assets could move anywhere else until the surviving spouse dies or remarries.

What I'm hearing here is that no law over rides a will and where no will exists, a new spouse would have priority over any pre existing children. And that new spouse can hand the money over to the cat shelter when they die if they want, leaving the original kids with nothing?

I'm writing that with a slight understanding that nothing is black and white and I'm sure there are legal avenues which could be pursued in odd cases. But as a general rule of thumb would that be correct?

Bass Reeves

https://www.boards.ie/discussion/comment/120255832#Comment_120255832

I do not think that is correct. There is a number of different scenarios. Strictly speaking of a person dies intestate there estate is split 2/3-1/3 between spouse and children.

I tried to provide a link to citizen advice website but it would not work. However if you access that site and search ''inheritance'' you will see the different scenarios

marilynrr

If there was no will then his second wife would get 2/3 and the children get 1/3.

If he made a will then his wife has to get at least 1/3, but he could leave it all to her if he wanted to and leave nothing to the kids, and she could leave all of that to whoever she wanted, so the dads kids could get nothing.

CPTM

Ok, that's great, thanks a million. I'm going to check out the citizens advice page as well. I appreciate the help.

Lenar3556

https://www.boards.ie/discussion/comment/120255927#Comment_120255927

Note that section 117 of the succession act allows a child to challenge a parents will in court where it is alleged that the parent failed in their moral obligation to provide for the child in light of the parents means.

Lenar3556

https://www.boards.ie/discussion/comment/120256282#Comment_120256282

Jointly held property is typically outside of the mix when it comes to dividing estates, that will automatically pass to the joint owner, usually the surviving spouse.

Bass Reeves

https://www.boards.ie/discussion/comment/120256333#Comment_120256333

Yes however it has to be held in joint ownership not as ''tenant's in common''.

Lenar3556

https://www.boards.ie/discussion/comment/120256399#Comment_120256399

Yes, although tenant in common would be a very unusual scenario in the case of a family home or other investment houses purchased in the course of a husband/wife relationship.

Commercial property could be a different story.

Bass Reeves

https://www.boards.ie/discussion/comment/120256644#Comment_120256644

Usually yes. But did hear of it lately where a couple married that both had families. They bought property and put it tenant's in common

Marcusm

https://www.boards.ie/discussion/comment/120255832#Comment_120255832

Your first paragraph is full of incorrect assumptions. In Irish law, a married couple are very much two separate people and their assets are not commingled unless they choose to do so. The Family Home Protect Act prohibits a spouse from disposing of a family home they own in sole name without the consent of the other spouse but even that does not give ownership rights. On a divorce, assets and income will be considered and appropriate provision will be made. If a spouse dies intestate without issue (ie children), a spouse would inherit everything but otherwise would be entitled to a legal right share of the assets.

Donald Trump

https://www.boards.ie/discussion/comment/120256333#Comment_120256333

Very unlikely anything is going to be held as joint owners of real property under the scenario outlined. There is a presumption under common law as to joint ownership but for that to happen, it would have had to be conveyed to both parties at the same time.

Surviving spouse or civil partner has the option of half under legal right share where the testator had no children, and one-third if they did

marilynrr

https://www.boards.ie/discussion/comment/120256326#Comment_120256326

Yes, I wonder how successful will challenges are?

This solicitors Q&A sets out the courts criteria that will be taken into account.

https://romainescally.ie/succession-rights-qa/

Donald Trump

https://www.boards.ie/discussion/comment/120257862#Comment_120257862

Proper provision doesn't mean you have to get a share. It means that the parent did not provide for the child. So, for example, if your parent brought you up in their home and sent you to college and supported you, that could satisfy "proper provision" even if they don't leave you anything out of their 100m estate.

Oscar_Madison

https://www.boards.ie/discussion/comment/120259141#Comment_120259141

Yep- and also, whilst in the past, the costs of such legal challenges came out of the deceased estate, which led to a lot of people challenging the wills of deceased parents simply because it cost them nothing to do so- this doesn’t necessarily apply now and you could be faced with a hefty legal bill if not successful -

The best advice in these scenarios is discuss while your remaining parent is still alive - if their wish is for you to have something in their will, then they need to provide for you in that will and not leave it to chance - there’s many stories through the years of legal challenges against step parents who essentially inherit everything from their deceased partner and the kids of the deceased are rightly peeved