Hello, my father died in the RoIreland a month ago. He left no will in Ireland, and an 18 year old will in the UK. He was English, as is his ex wife. He has a house in Ireland. He married in Las Vegas and divorced 3 years ago in the UK. The ex wife has been given 25% of the value of the house on its sale as part of the divorce settlement. Unfortunately my father couldnt sell the house before he died, so his ex wife hasnt yet got her 25% share, but her name is XXXXX XXXXX the deeds as a joint tenant. However, there was an order written into the divorce that severs the joint tenancy. Being an English divorce, what is your view on this? Will the ex wife just get her 25% when the house is finally sold as part of my fathers estate, as the severing of the joint tenancy still applies? Or will she get the whole house?Will an English will apply in Ireland? Some say yes, others say no!
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1. An English will can apply in Ireland, provided it is the last will and testament of your father. However, you say that the English will is an 18 year old will. If your father re-married during this period, then the will would have been revoked, as a will is automatically revoked under Irish law when a person marries - even if for a second time. However, provided it is a valid will, then this English will can be aDMITTED to proof in Ireland to administer the estate of your father. 2. However, be aware that your father will only have disposing power over 75% of the Irish house if his ex-wife owns 25% of it. The English divorce order in relation to the Irish house will be fully recognised in Ireland. His ex wife will therefore be entitled to 25% of the proceeds, PLUS anything she may be entitled to under the English will.
My father didn't remarry, this will was made when he married his third wife, who he subsequently divorced and he didn't marry again.. She is on the 18 year old will, I thought divorce removed her from being a beneficiary?What I really wanted to know is if an English court order still applies in Ireland? As there is an order on the divorce that says that the joint tenancy does not apply. Will this be followed in Ireland? thanks
3. Divorce does not remove her as a beneficiary if she is specifically named in a will. It only removes her as a beneficiary if there is no will, or if she specifically agreed to renounce succession rights in the divorce. This usually occurs in a divorce, but you should check. Secondly, the English court order will apply in Ireland. Essentially, the effect of the English order will be that the joint tenancy will be severed in Ireland, with the result that the property will be dealt with as a tenancy in common. Accordingly, 75% of the property will be available for distribution under the will. The property will not pass absolutely by reason of a joint tenancy to his third wife.
Thanks, XXXXX XXXXX pleased to hear about the tenancy. Is there anything I can do to contest the will? With it being so old and English? I am his only child and I don't want the well to stand. It has his ex step children on it.
4. A right is given under the 1975 Inheritance (rights of Dependents) Act to challenge the will under English law, if you can show you were financially dependent or in receipt of any assistance from your father at the time of his death. However, there is a six month time limit, so if you wish to make a claim, then you need to do so quickly. The Court will look at your financial position in assessing what you are entitled to, if anything.
Thanks, XXXXX XXXXX wondering if I could challenge over the wording: my step son Michael, my step daughter Jane...As they aren't step son and step daughter any more. Thanks
5. There is nothing in this wording which can be challenged. Just because the relationship has changed, this does not mean that the gift is invalid, I regret to say. These issues are really a second Question.
Thank you for your help, its very much appreciated. :) At some point i will need an Irish solicitor to look after my interests. I want them to know Irish law at the estate is in Ireland, and UK law as the will and divorce were in the UK. Looking at your profile, you fit the bill. If you can, please take my email address from the site and email me, so that i can appoint you professionally.
6. I regret to say that the Terms & conditions of the Experts on this website mean that we cannot have any contact with customers outside of the forum. Accordingly, I will be unable to act for you professionally.
Ok thanks. Is ther eany chance i can edit my previous posts? I need to remove some personal info thanks.
Best of Luck
Thank you, XXXXX XXXXX i am gonna need it!! x
Hello again, i have another, related question, for which i will happily pay the fee.
It has now been established that the English Will will be used, and that the Ex wife will just get her divorce settlement. The remaining estate will be split between myself and my fathers 2 ex step children. I believe that Section 117 of the Succession Act 1965 may apply to me; i feel that my father has failed in his moral duty to make proper provision for me, his child (as opposed to two EX step children, with whom he had little to do with, and neither who need the money), in accordance with his means. Please can you offer any advice about my concerns, and if and how i should pursue my case.
Also, how do i edit my previous posts?
Thank you :) xx
1. Just for future reference, you should really start a fresh Question and thread when you wish to ask a new question. Additionally, you will need to speak with Customer Service about amending prior posts.2. Section 117 of the Succession Act, 1965, is Irish legislation which only applies if your father died in Ireland. As your father died in England, this Act and section has no application to your case. Instead the statutory provision in the UK I mentioned previously, the 1975 Inheritance (Rights of dependents) Act has application. However, if you are getting a one-third share in the will, there is slim or no chance that the court will interfere with the will. Courts never grant all of an estate to one person, when exercising a discretion. I would not advise this course of action, as you are likely to loose.
My father died in Ireland, hence me being here :)
I wouldnt want to be a sole beneficiary, just for my family (myself and 2 children, my fathers grandchildren), to get equal to my fathers ex wifes family.
3. I assumed your father died in the UK because it was an English will. However, if he died in Ireland and section 117 is applicable, your chances of succeeding are also slim. As you are getting a one third share, the court will view this as being sufficient provision. Be aware that no court is going to rewrite a will merely because one beneficiary is unhappy with it and wants more. A testator is given free rein as to who they leave their wealth to. No court is going to rewrite the will of your father just because you want half and you only got one-third. This is not a runner. Be aware that the court has to be of the view that your father "failed in his moral duty ... to make proper provision" for you. No court is going to hold this where your father gave you one-third of his estate, I regret to say.
Ok thank you. It just seems so unfair, firstly using a foreign will thats 18 years old, then giving 2 thirds of it to people that are as good as strangers, when we really need the money. :(((
4. I regret to say that not everything in life is fair. Your father should have dealt with these issues when he made the will.
Absolutely, i agree, he was fit and healthy, and didnt expect to die, so didnt get around to it. Is there any other issue that you think i may possibly be able to contest the will over?
Thank you :)
Is there any other issue that you think i may possibly be able to contest the will over?
5. I regret to say there isn't. Once your father was of sound mind and make the will of his own volition, the will cannot be challenged. It is binding.
ok thank you for your help :)
You are welcome
Sorry to go back to this again, but are you sure the 'step-children' issue, ie that they arent step children anymore, isnt void for uncertainty? Thank you Buachaill x
6. No, this would not be void for uncertainty, as it is clear who your father is referring to. Once the person can be identified, then the gift is good.
Many thanks :)
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