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Inheritance query - grandchild's entitlement?

  • 18-07-2019 4:13pm
    #1
    dusty207
    Registered Users Posts: 456 ✭✭


    Hi
    A quick query to clarify something.
    My ex-wife passed away some time back and later her last parent also passed away, estate left to the remaining children. My late ex-wife and I have a daughter who was not included in the will.
    The only thing of value is a house which is now let out by the remaining siblings.
    Just wondering if my daughter has any claim on the house under her mother's inheritance rights.
    We're not losing any sleep over this, just curious.


Comments

  • #2
    coylemj
    Registered Users Posts: 25,313 ✭✭✭✭coylemj


    Your ex-wife had no inheritence rights, unless she could have shown that her parents lavished more care and attention on her siblings. But if parents bring up all of the children equally, none of them have inheritance rights and the parents can leave their entire estate to the proverbial cats and dogs home.

    Where there is a will, a grandchild has no rights whatsover. But as the child of a deceased child, she would have been entitled to a share if that last parent died without leaving a will.....

    If your ex-wife's last parent died intestate, then if they were survived by a mix of their children and the children of deceased children (e.g. your daughter), the estate would be divided under a system known as per stirpes. Say your ex-wife had two surviving siblings and your ex-wife was the only other child of the parent who had surviving children. In that case, the estate would be divided three ways: one-third to each of the two surviving siblings and the remaining one-third divided among the children of the deceased sibling. I'm assuming that your daughter was the only child of her mother, in which case she would pick up the whole of the one-third to which her late mother would have been entitled under the rules of intestacy. If you and your ex had had two children, they would have picked up one-sixth of the estate each.

    69.—(1) If an intestate dies leaving neither spouse nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.

    http://www.irishstatutebook.ie/eli/1965/act/27/section/69/enacted/en/html#sec69


  • #3
    dusty207
    Registered Users Posts: 456 ✭✭dusty207


    Brilliant!
    Thanks for that, removes any niggles that I had about things.
    Appreciate the time you gave to this.


  • #4
    JustAThought
    Registered Users Posts: 5,323 ✭✭✭JustAThought


    Wouod it matter if the ex wife (apologoes OP) died before the final parent?Would this write her out of the will as she had died before the last parent did?


  • #5
    coylemj
    Registered Users Posts: 25,313 ✭✭✭✭coylemj


    JustAThought wrote: »
    Wouod it matter if the ex wife (apologoes OP) died before the final parent?Would this write her out of the will as she had died before the last parent did?

    The OP's ex-wife did die before the last parent. And my reading of the OP's first post is that the last parent left the house to the surviving children and his ex was not mentioned in the will.

    I think you may be speculating on what would have happened if the ex was written into the last parent's will but (as did happen), she died before the parent. If she had no children, then the bequest to her would have lapsed but if she leaves children, her inheritance does not lapse. Instead, it's treated as if she had survived the parent but died immediately after. Meaning that in most cases, the bequest would pass through her to her children.


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