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No will

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  • 22-03-2020 7:03pm
    #1
    rednose
    Registered Users Posts: 54 ✭✭


    Hi
    Looking for any advice from legal people in the know. My wife’s uncle, who she had a great relationship with, has passed away and turns out he had never done his will. He has always said he was leaving her everything and he has told numerous other people this as well. She looked after him in his later years(because she wanted to, not because of the will) and he passed away recently. His best friend(whom he also told his wishes to leave everything to my wife) was supposed to bring him to get his will sorted but never got around to it. So now it seems, in the eyes of the law his estate will go to his brothers/sisters, as he has no kids, some of whom he wasn’t even talking to at the end. Is there anything that can be done or is it just bad luck and his verbal wishes count for nothing? Thanks


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    #2
    dxhound2005
    Registered Users Posts: 20,484 ✭✭✭✭dxhound2005


    rednose wrote: »
    Hi
    Looking for any advice from legal people in the know. My wife’s uncle, who she had a great relationship with, has passed away and turns out he had never done his will. He has always said he was leaving her everything and he has told numerous other people this as well. She looked after him in his later years(because she wanted to, not because of the will) and he passed away recently. His best friend(whom he also told his wishes to leave everything to my wife) was supposed to bring him to get his will sorted but never got around to it. So now it seems, in the eyes of the law his estate will go to his brothers/sisters, as he has no kids, some of whom he wasn’t even talking to at the end. Is there anything that can be done or is it just bad luck and his verbal wishes count for nothing? Thanks

    Unfortunately I think you have answered your own question, if it is what the law says. You could get some advice in the Legal forum. Type the word Intestate into the Search box on that forum, and you might read similar queries to yours. But nobody is allowed to ask for or give legal advice, as per the Charter on the first page there.

    https://www.boards.ie/vbulletin/forumdisplay.php?f=633


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    #3
    Markcheese
    Registered Users Posts: 8,428 ✭✭✭Markcheese


    Don't think there's much to be done , although I do know of someone who challenged a will , on the grounds that he was promised the farm ... And the will basically left everything to a near stranger , still in the courts ,years of stress behind and ahead ..

    Slava ukraini 🇺🇦



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    #4
    dxhound2005
    Registered Users Posts: 20,484 ✭✭✭✭dxhound2005


    Markcheese wrote: »
    Don't think there's much to be done , although I do know of someone who challenged a will , on the grounds that he was promised the farm ... And the will basically left everything to a near stranger , still in the courts ,years of stress behind and ahead ..

    And if there is no will, any party seeking a share outside of Intestate rules would have to challenge the State?


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    #5
    rednose
    Registered Users Posts: 54 ✭✭rednose


    dxhound2005 wrote: »
    And if there is no will, any party seeking a share outside of Intestate rules would have to challenge the State?

    What would happen if all the brothers/sisters waived their legal rights to their share?


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    #6
    dxhound2005
    Registered Users Posts: 20,484 ✭✭✭✭dxhound2005


    They need to go to a solicitor. A quick Google tells me it is not a simple matter.

    https://www.askaboutmoney.com/threads/waiving-your-rights-to-an-inheritance.179264/


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    #7
    towger
    Registered Users Posts: 440 ✭✭towger


    rednose wrote: »
    What would happen if all the brothers/sisters waived their legal rights to their share?

    Hell would freeze over ....


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    #8
    transylman
    Registered Users Posts: 599 ✭✭✭transylman


    rednose wrote: »
    Hi
    Looking for any advice from legal people in the know. My wife’s uncle, who she had a great relationship with, has passed away and turns out he had never done his will. He has always said he was leaving her everything and he has told numerous other people this as well. She looked after him in his later years(because she wanted to, not because of the will) and he passed away recently. His best friend(whom he also told his wishes to leave everything to my wife) was supposed to bring him to get his will sorted but never got around to it. So now it seems, in the eyes of the law his estate will go to his brothers/sisters, as he has no kids, some of whom he wasn’t even talking to at the end. Is there anything that can be done or is it just bad luck and his verbal wishes count for nothing? Thanks

    Not sure of the name, but there is some legal action under which you can challenge a will. It goes through the high courts and legal expenses come out of the estate of the deceased.


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    #9
    dxhound2005
    Registered Users Posts: 20,484 ✭✭✭✭dxhound2005


    transylman wrote: »
    Not sure of the name, but there is some legal action under which you can challenge a will. It goes through the high courts and legal expenses come out of the estate of the deceased.

    Their query is about a person who died without making a will.


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    #10
    Effects
    Registered Users Posts: 9,761 ✭✭✭Effects


    rednose wrote: »
    What would happen if all the brothers/sisters waived their legal rights to their share?

    "some of whom he wasn’t even talking to at the end"

    Yeah, very little odds that they wouldn't want everything belonging to him.
    They might not have been speaking, but now that he's passed away, they'll have no problem receiving anything coming to them.


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    #11
    bcklschaps
    Registered Users Posts: 1,059 ✭✭✭bcklschaps


    rednose wrote: »
    What would happen if all the brothers/sisters waived their legal rights to their share?

    For your wife to inherit everything.... The sisters & brothers (or Niece/Nephews in case of them being deceased) would have to do exactly that.

    If thats a non runner, there is one other avenue open to your wife however.

    She will automatically inherit her fraction anyhow.... but before the proceeds of the estate are divvied out she could put in a claim against the estate. That claim would be for remuneration for services rendered. A suitable settlement could be agreed between the family or she might have to go to court and they will put a value on her services to her Uncle and pay her out of the proceeds of the estate


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    #12
    Markcheese
    Registered Users Posts: 8,428 ✭✭✭Markcheese


    bcklschaps wrote: »
    For your wife to inherit everything.... The sisters & brothers (or Niece/Nephews in case of them being deceased) would have to do exactly that.

    If thats a non runner, there is one other avenue open to your wife however.

    She will automatically inherit her fraction anyhow.... but before the proceeds of the estate are divvied out she could put in a claim against the estate. That claim would be for remuneration for services rendered. A suitable settlement could be agreed between the family or she might have to go to court and they will put a value on her services to her Uncle and pay her out of the proceeds of the estate

    Sounds logical , ( but also mercenary)

    Slava ukraini 🇺🇦



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    #13
    rednose
    Registered Users Posts: 54 ✭✭rednose


    bcklschaps wrote: »
    For your wife to inherit everything.... The sisters & brothers (or Niece/Nephews in case of them being deceased) would have to do exactly that.

    If thats a non runner, there is one other avenue open to your wife however.

    She will automatically inherit her fraction anyhow.... but before the proceeds of the estate are divvied out she could put in a claim against the estate. That claim would be for remuneration for services rendered. A suitable settlement could be agreed between the family or she might have to go to court and they will put a value on her services to her Uncle and pay her out of the proceeds of the estate

    Thanks for your reply. She’s going to a solicitor this week(if they’re actually working) and hopefully something can be done.


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    #14
    dxhound2005
    Registered Users Posts: 20,484 ✭✭✭✭dxhound2005


    Does anyone want to have a go at deciphering the law?

    http://www.irishstatutebook.ie/eli/1965/act/27/enacted/en/html

    Part VI deals with Intestacy, and Clause 73 seems to make provision for the State to vary the conditions in favour of particular parties, where another party disclaims their share. How someone would go about making a claim would need professional legal advice.


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    #15
    rednose
    Registered Users Posts: 54 ✭✭rednose


    dxhound2005 wrote: »
    Does anyone want to have a go at deciphering the law?

    http://www.irishstatutebook.ie/eli/1965/act/27/enacted/en/html

    Part VI deals with Intestacy, and Clause 73 seems to make provision for the State to vary the conditions in favour of particular parties, where another party disclaims their share. How someone would go about making a claim would need professional legal advice.

    Interesting. I’d say it’s going to be a long, messy road and knowing her, she will walk away from the situation if she feels it will cause any issue for anyone in the family. So infuriating that he didn’t have his affairs in order, even for his own sake so his wishes would be carried out. Thanks for your inputðŸ‘


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