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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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my mother left a sum of money to myself and my wife. soon after

Customer Question

my mother left a sum of money to myself and my wife. soon after her death my wife left me and we subsequently divorced. was she entitled to keep half of the money?
Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset if the devise of the sum of money in the will was to both yourself and your wife, then your wife is entitled in law to half the gift. Where two parties are left a sum of money, then each owns half in law. the situation is no different merely because it is your mother who has left the sum of money in her will. Additionally, it makes no difference if you are divorced when your mother dies. Nor does it make any difference that you subsequently divorce. ONce the gift in the will is made to two people (yourself & your wife), then you both are entitled to half of the gift. In order that you would be able to claim the gift as entirely your own, it would have to be left to you solely, with only your name being mentioned in the will as beneficiary.

Buachaill :

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