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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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This is a part of a Will: I leave my share in my lands at

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This is a part of a Will:
I leave my share in my lands at xxxx to my son John for his own use on condition that my said son John gives to his brother Peter within 12 months from the date of my death(without interest in the meantime and thereafter Interest to run at 5%) the Market Value at my death,in cash,of 10 acres of the lands at xxxx.
My question is this.Will John be unable to inherit the land until he has paid Peter?

Buachaill :

1. Yes, John will be able to inherit the land before he pays Peter. Essentially, this is a condition subsequent to the vesting of the land and the debt can only be sued upon 12 months after the death of the testator. The onus is on Peter to sue for his money if he hasn't been paid 12 months after the date of death of the deceased. HOwever, the fact Peter may remain unpaid does not affect the fact that the land has vested in John once the estate is administered, even though Peter may remain unpaid.

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