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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 142
Experience:  and Mediator practicing in Cork, Ireland.
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My Mother died recently, during which I acted as her full time

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My Mother died recently, during which I acted as her full time carer for four years - living with her for eight after my Father died. While I have a sister in England, relations with the family have been strained for decades and she played no part in caring for my mother or contributing to the family home in any shape or form. During the period of care I suffered a heart attack due to the stress, and it was always my Mother's (and Father's) wish that I would inherit the estate. A will exists from 1985 which leaves everything equally to both my sister and myself, but as it is nearly thirty years old is it still valid? Probate has not been applied for yet, but I feel the fact that I gave up a full time job to care for my mother full time, attendant with having to pay an outside carer out of my carer allowance should count for something. Does it? Or is there anything I can do?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

The last Will that was made by your mother will be valid - Wills do not expire, even after thirty years.

cmcsolicitor :

Section 117 of the Succession Act provides for applications to be made by people whose parents have not provided for them in their Wills.

cmcsolicitor :

It would also be relevant in cases where a person has taken care of a parent or worked in a family business to their own detriment, for example giving up the opportunity to go to college or to work in order to do so. It would also be relevant in that case whether you had any legitimate expectation of receiving remuneration for caring for your mother, and whether you suffered any financial loss as a result.

cmcsolicitor :

I would advise you to make an appointment to see a solicitor about this.... there is a lot to consider - not least of all you will want to consider the likely outcome of any action that you take in terms of costs (which would come out of the estate no matter who wins any case) and also in terms of stress (including your relationship with your sister etc).

Customer:

Thanks CM - I think I'm more sore that my sister doesn't seem to consider my contribution to my Mother's welfare relevant. However I think you are right in what I have to consider, and I would admit I didn't look after Mom for money. My own instincts is just to let it go and let things take their natural course - although in so doing the family home will be sold, and I guess I'm aggrieved that instead of 50/50 an offer hasn't been made. If I let things go at least cost and friction can be ultimately avoided, I guess!! But thanks for your advice.

cmcsolicitor, Solicitor
Satisfied Customers: 142
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
You say that you are a bit aggrieved that an offer has not been made...it may be worth asking, although of course it is difficult to do this without threatening litigation. You might consider asking your sister to allow some of the expenses that you have incurred to be deducted from the estate before it is divided between you, particularly the costs of care.

Thanks for rating my answer positively.

I hope things work out well for you.

Claire McCarthy

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