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Right to inherit

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  • 19-08-2015 8:59pm
    #1
    teddyboy
    Registered Users Posts: 86 ✭✭


    So my friends daughter got married to a farmer in Cavan two months. The farmer and his said wife did not have a prenup, so she is entitled to half of the farm. The son had signed his right to inherit the farm away even though he works there, but his father can leave it all to him or give all to his other brother.

    Does the marriage without the prenup over rule the signing away of the farm? Therefore she is entitled to half the farm if they get divorced


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    #2
    diomed
    Closed Accounts Posts: 4,744 ✭✭✭diomed


    Who owns the farm?


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    #3
    bassey
    Registered Users Posts: 936 ✭✭✭bassey


    Don't think 'prenups' are a thing here


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    #4
    teddyboy
    Registered Users Posts: 86 ✭✭teddyboy


    diomed wrote: »
    Who owns the farm?

    The father owns the farm but will leave it to his son. Can you claim for future inheritance? For the record they are not getting divorced, just wondering


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    #5
    diomed
    Closed Accounts Posts: 4,744 ✭✭✭diomed


    You say the father can leave the farm to one son or the other son. That suggests the father has not made a will. Has the owner of the farm made a will? Is there a loan or mortgage on the farm?
    You can not claim for something you might inherit in the future. I made a will. I can change that will if I wish.


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    #6
    dollyk
    Registered Users Posts: 602 ✭✭✭dollyk


    I think if he leaves no will the children can claim 1/3 of the estate
    not each but between, but if he leaves a will leaving it to his sons
    the wife inherits half first. Im not 100% but i was listening to the radio and Im sure this was the case.


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    #7
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    If the couple were to divorce tomorrow then no, she is not entitled to half what he might inherit 5,10,15+ years down the line.
    http://www.citizensinformation.ie/en/birth_family_relationships/separation_and_divorce/succession.html

    Once a decree of divorce/dissolution is granted, the parties are no longer married or in a civil partnership, and succession rights are automatically extinguished.


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    #8
    huskerdu
    Registered Users Posts: 1,931 ✭✭✭huskerdu


    There is no automatic provision in Irish law that says that a spouse gets half of all property on divorce.

    Your post is unclear, but are you saying that the husband does not own the farm, he works on his fathers farm which he may or may not inherit in the future.

    The wife wants to know can she demand half of a piece of property in a divorce that doesn't belong to her husband but that belongs to someone else. NO, she cant


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    #9
    Flippyfloppy
    Registered Users Posts: 3,748 ✭✭✭Flippyfloppy


    huskerdu wrote: »
    There is no automatic provision in Irish law that says that a spouse gets half of all property on divorce.

    Your post is unclear, but are you saying that the husband does not own the farm, he works on his fathers farm which he may or may not inherit in the future.

    The wife wants to know can she demand half of a piece of property in a divorce that doesn't belong to her husband but that belongs to someone else. NO, she cant

    I read it that way first, but now i think the op means the woman married the farmer, so she is the two sons stepmother perhaps.


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    #10
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    teddyboy wrote: »
    So my friends daughter got married to a farmer in Cavan two months. The farmer and his said wife did not have a prenup, so she is entitled to half of the farm. The son had signed his right to inherit the farm away even though he works there, but his father can leave it all to him or give all to his other brother.

    Does the marriage without the prenup over rule the signing away of the farm? Therefore she is entitled to half the farm if they get divorced

    A very simple Google search will tell you that prenuptial agreements have no basis in Irish law. Even if there had been one it would mean nothing should the couple divorce. In Ireland a divorce isn't even final and settlements can be revisited years after the couple have legally divorced.


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