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Ask Buachaill Your Own Question
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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Can an Irish citizen be liable child's debts (Adult son

Customer Question

Customer: Hi, Can an Irish citizen be liable for deceased child's debts (Adult son (Deceased) resided in Germany, where liability is passed to next of kin), are there protections in the Irish legal system to protect Irish citizens in these cases
JA: Thanks. Can you give me any more details about your issue?
Customer: Apologies for delay ... A sibling has passed away in Germany - Leaving Debts. In German Law - it states that next of Kin inherit the Debt. My Parents are next of Kin. Are there any protections in the Irish Court System to protect my parents in the event that my brothers debts are sold on to a German 3rd Party or indeed the German State sue.
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Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.

1. If your brother can be taken to have continued his domicile of origin in Ireland, even though he may have resided in Germany, then you can administer his estate under Irish law, as an Insolvent estate, thereby lawfully bringing to an end all liabilities which attached to your brother. In this way, you can ensure that the Irish rule in relation to debts - that each person is separate and individual and not liable for the debts of others - applies in relation to the debts of your brother, now that he has died. Under Irish Conflict of laws rules, you can lawfully administer any estate in Ireland provided the deceased is domiciled there. Domicile is a malleable concept and a person is not taken to have lost his domicile of origin (here Ireland) unless he expressly evinces an intention to do so. So, my guess is that your brother is still domiciled in Ireland under Irish law, even though he may have resided in Germany. So this allows the Irish legal system to administer his estate and deal with his debts.

Expert:  Buachaill replied 1 year ago.

2. For your further information, be aware that an EU Regulation was passed in Ireland to succession which applies to all EU countries except for three, two of which are Ireland and Britain. So, be prepared for some surprise in Germany that Irish law can wind up the estate of your brother and that the German rule of debts following the next of kin doesn't apply. However, it is imperative that you act before anyone else does and admit your deceased (insolvent) brother's estate to probate in Ireland as soon as possible. Otherwise some creditor in Germany will get hold of the administration of his estate and apply the German rule of administration of estates whereby debts follow the next of kin.

Expert:  Buachaill replied 1 year ago.

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