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A spouse is entitled to one third of the estate of deceased…

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A spouse is entitled to...
A spouse is entitled to one third of the estate of deceased spouse where there are children and a will is made. Does this mean that in order to give her the third, other beneficiaries are cut out? Is there a priority established?My father left his will so that 2 children got property, my mother got the family home and other money-but one of the properties was a pub-this puts the value of the estate very high, so my mother's third share would be very high. He left money to his other 4 children, 2 grandsons, one daughter -in-law, 2 nieces, and 17 charities.What was left over was to be divided between his wife and 6 children. How is this solved?
Submitted: 5 years ago.Category: Republic of Ireland Law
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Answered in 9 hours by:
1/3/2013
Solicitor: Ronan, Solicitor replied 5 years ago
Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2,264
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Ronan :

First of all, A legal Right Share is something that a spouse elects to take rather then what is provided for them under the terms of the will. Is your mother electing to take her legal right share rather then what is provided in the will

Ronan :

If not, then there is no problem the estate is distributed under the terms of the will

Ronan :

If so, then the 1/3 Legal right share is drawn in the following order

Ronan :

1. Property of deceased which is undisposed

Ronan :

2. Property which is included in the residuary clause (ie the portion left over)

Ronan :

3. Property specifically assigned for the payment of debts

Ronan :

4. Specific bequested property which carries a charge for payment of debt

Ronan :

5. Funds for pecuniary legacies

Ronan :

6. Property specifically bequested on a pro-rata basis

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