Will and inheritance to our children

ucdhead25

Hi all, just wondering I am married but myself and my husband are no longer together in practice. We live separate lives. We have two grown up kids together. I would like to create a will where we leave 1/3 to my husband and 1/3 each of our children.

Can we do this or is this contrary to the Succession Act?

Thanks

dennyk

If you have children, your spouse would be legally entitled to 1/3 of your estate regardless of what your will says, so that wouldn't be contrary to your husband's statutory entitlement. If you're fully separated and your children are grown, though, wouldn't it be easier to simply get divorced? If either you or him eventually want to start a new life with another partner, your continuing marriage will only cause difficulties and complications.

jackboy

The complexities will depend on what is in the estate, how many properties, land, cash, investments, pensions etc.

Dial Hard

https://www.boards.ie/discussion/2058422444/will-and-inheritance-to-our-children

It sounds like a recipe for complications, tbh. If you're living completely separate lives why not just divorce and then you're both free to do whatever you wish in your wills?

SupaCat95

https://www.boards.ie/discussion/comment/123744222#Comment_123744222

Guessing divorce isnt that simple, if there are assets like a house and money…… solicitors get a lot of it(and you are presuming an amicable parting, what if one partner digs their heels in?). The cost and time of getting a divorce may be outstripped by the cost (eg if they are in their 50's or one partner suspects they are sick). Yeah its too late then for cost over benefits.

coylemj

It sounds like it's a pretty amicable separation if the OP proposes to bequeath 1/3 of her estate to her husband. So I think divorce is currently not on the agenda.

Provided she leaves at least 1/3 to her husband, she can do whatever she wants to do with the remainder of her estate. Leaving equal parts (1/3) to her two children should remove the prospect of any litigation after her death. Though it should be pointed out that the children have no absolute entitlement to any part of her estate.

Hotblack Desiato

https://www.boards.ie/discussion/comment/123744644#Comment_123744644

Maybe provide knowledge rather than guesswork.

But the reluctance of many Irish people to actually get divorced when their marriage clearly ended years ago is bizarre.

Mrs OBumble

https://www.boards.ie/discussion/comment/123749465#Comment_123749465

Shocker! Irish people are reluctant to enrich lawyers. Who would have ever guessed!

Hotblack Desiato

A DIY divorce is quite cheap. What costs money is not the divorce but the rows, and a separation is just as bad in that respect.

SupaCat95

https://www.boards.ie/discussion/comment/123749603#Comment_123749603

If it were that simple everyone would be doing it. Everything is split evenly three ways, one part for the wife, one part for the husband and one part for the solicitors. "billable hours", anyone who deals with solicitors know how the love to drag everything out ………as long……as they …… bloody …..can.

SupaCat95

https://www.boards.ie/discussion/comment/123750885#Comment_123750885

That only works when you dont have any assets and when you dont have two solicitors egging on two very suggestible people to screw each other over.

Hotblack Desiato

No, it works when the couple can agree on the division of their assets and on access to any children.

But if they were capable of being civil and adult to each other they might not have split up in the first place.

SupaCat95

https://www.boards.ie/discussion/comment/123751482#Comment_123751482

"If "ifs" and "ands" were pots and pans there would be no need for tinkers " George Bernard Shaw.

YYou have completely disregarded that there are two very hurt people sitting across from eachother not willing to give an inch. You show me two reasonable people who can impartially agree on a fair settlement in the best interest of their offspring and I will show you a marriage that could have been saved. Real people arent like that. Real people getting divorced are petty, defence orientated, protect assets, restrict access to children. Its not fair its about expressing hurt against another hurt individual. Mean while the lawyers are laughing to the bank advising to hold positions.