CURRENT LEGAL ARTICLES

In Ireland, inheritance laws are governed by the Succession Act 1965, the Family Law Act 1995, and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. These laws outline how property and assets are distributed upon the death of an individual.

Intestate Succession:

If a person dies without a valid will (intestate), their assets will be distributed according to the intestacy laws in Ireland. The rules of intestate succession vary depending on whether the deceased was married, in a civil partnership, or in a cohabiting relationship.

If the deceased was married or in a civil partnership, the surviving spouse or civil partner will inherit the following:

1. The surviving spouse/civil partner will receive the entire estate if there are no children.

2. If there are children: The surviving spouse/civil partner will receive two-thirds of the estate, and the remaining one-third will be divided equally among the children. If a child has died before the deceased, their share will be divided equally between their children (the deceased’s grandchildren).

If the deceased was in a cohabiting relationship but not married or in a civil partnership, the surviving partner has no automatic right to inherit. However, they can apply to the court for provision from the estate under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Testate Succession:

If a person dies with a valid will, their assets will be distributed according to their wishes as specified in the will. The executor named in the will is responsible for carrying out the deceased’s wishes and distributing the assets accordingly.

It’s important to note that certain assets may not form part of the deceased’s estate and are not subject to these inheritance laws. For instance, funds held in joint bank accounts or properties held as joint tenants will typically automatically pass to the surviving joint account holder or tenant outside the estate.

If you have specific questions or concerns about inheritance law in Ireland, it is advisable to consult a qualified legal professional.

Dispute a Will:

If there is a dispute regarding a will, the matter can be brought before the courts. Some common reasons for will disputes include allegations of undue influence, lack of testamentary capacity (mental capacity to make a will), fraud, or a more recent will.

To dispute a will, the following steps can be taken:

1. Seek legal advice: Consult a solicitor specialising in probate and contentious wills to understand your legal position and options.

2. Gather evidence: Collect evidence supporting your claim, such as documents, witnesses, or medical reports. This evidence will help substantiate your argument and challenge the will’s validity.

3. Mediation or negotiation: Before proceeding to court, exploring alternative dispute resolution methods, such as mediation or negotiation, may be advisable. These approaches can provide a more cost-effective and time-efficient resolution, allowing all parties involved to reach a mutually agreeable settlement.

4. Court proceedings: If mediation or negotiation fails, you can initiate legal proceedings by filing a claim with the appropriate court. The court will then consider the evidence presented by both parties and decide based on the case’s merits.

It is important to note that there are time limits for contesting a will in Ireland. Generally, a claim must be brought within six months from the date of the Grant of Probate or Grant of Administration. However, in certain circumstances, the court may grant an extension of time.

Codicil

A codicil is a legal document that amends, modifies, or supplements an existing will. It is used when someone wants to change their will without revoking the entire will. A codicil must conform to the exact legal requirements as a will and be executed and witnessed similarly.

Here are some critical points about codicils:

1. Purpose: The primary purpose of a codicil is to make specific changes to a will, such as adding or removing beneficiaries, changing the distribution of assets, or appointing new executors. It allows the testator (the person making the will) to update or revise their testamentary wishes without starting from scratch.

2. Legal Requirements: Like a will, a codicil must be in writing and signed by the testator. Two or more individuals should also witness it at the time of signing. These witnesses must not be beneficiaries or spouses of beneficiaries named in the codicil.

3. Incorporation by Reference: It is possible to incorporate documents or clauses by reference in a codicil, meaning that instead of rewriting certain provisions, the codicil can refer back to specific parts of the original will. This can be helpful when only a few changes are needed.

4. Proper Execution: It is crucial to ensure that a codicil is adequately executed to be legally valid. Failing to meet the legal requirements may render the codicil invalid, potentially resulting in the estate being distributed according to the previous will or intestacy laws.

5. Revoking or Replacing a Codicil: If a testator wants to revoke a codicil, they can do so explicitly in a subsequent codicil or by creating a new will that revokes all previous wills and codicils. It is essential to clearly indicate the intention to revoke or replace a codicil to avoid confusion or unintended consequences.

It is essential to consult with a qualified legal professional when making changes to a will through a codicil. They can provide guidance and ensure that the codicil is executed correctly, avoiding potential issues down the line.

 

When it comes to having your wishes respected after you have passed away, there is one essential document: your will.

We have often encountered clients who have either forgotten to complete a Will or are contested by friends, family or others who believe they are entitled to some or all of the deceased party’s estate.

While every dispute doesn’t make the headlines, some in the public eye have seen their Will contested or disputed.

Below we’ve compiled a list of 5 of the most famous and interesting Will disputes that have occurred in the past few decades.

Martin Luther King’s children have not always seen eye to eye.

The executor of Mr. King’s Will was Dexter King, one of his sons, and the Will was challenged by two more of his children who accused Dexter of wrongfully appropriating from their father’s estate.

Dexter refused to show the two challengers financial records and other documents that divulged in-depth details of the estate’s operations.

The family fell out again over a dispute surrounding Martin Luther King Jr.’s travelling Bible and his Nobel Peace Prize medal.

The argument here was between two of his sons and his daughter who claimed to have been left the two assets.

A court ruled that this wasn’t the case and a settlement was agreed, details of which have remained confidential.

The rock god is a perfect example of why you need to make a will specifying what you want to happen to your estate during your death.

When Jimi Hendrix died in 1970, he left behind an estate valued at approximately $80 million.

Unfortunately, he hadn’t made a Will, and this pitted his half-brother against his adopted sister for control of his assets and his estate.

Initially, an attorney controlled Jimi Hendrix’s estate until  1995, when his father gained the rights to his son’s music and a large part of his estate.

When his father passed away, Jimi’s father left most of the estate to his daughter and Jimi’s adopted sister Janie.

Jimi’s half-brother was not written into Jimi’s father’s Will, and as a result, Jimi’s half-brother contested the Will, suggesting that Janie had manipulated her father into excluding him from the Will.

Ultimately, The Superior Court in America upheld Jimi’s father’s Will, and his half-brother remained excluded.

Nina Wang was Asia’s richest woman, with a reported fortune of £7.1 billion.

After her death, her partner Peter Chan claimed that he should inherit her estate and its financial assets.

Unfortunately for Mr Chan, his claim was refuted and her full estate went to charity after she died of cancer in 2007.

In another twist, Mr Chan was later sentenced to 12 years in prison  after it was discovered he had tried to forge Nina Wang’s Will.

James Brown is the second musical icon on this list.

He left behind an estate worth $100 million after he died in 2006.

His Will stated that his estate was to be separated into two trusts,  one for his grandchildren’s education and the second for the  disadvantaged youths of South Carolina and Georgia.

Brown clearly stated in his Will that he hadn’t mistakenly left anyone out of the Will.

Despite this, his wife and children contested the Will in 2009 and were awarded $50 million.

Liliane Bettencourt might not be a household name, but she was, in actual fact, the heiress to the L’Oreal fortune and was officially  France’s richest woman.

Her estate is worth $40.9 billion, and in 2010, her daughter claimed that her mother did not have mental capacity.

The basis for the claim was that her daughter claimed she had given photographer Francois-Marie Banier approximately £1  billion in gifts over 20 years.

There we have it. 5 famous names who have seen their Wills disputed.

These cases highlight the need for a Will to ensure that your wishes are upheld should the worst happen.

They also highlight that creating a Will is essential while your mental capacity cannot be doubted.

We here at Green and Associates Solicitors are experts in creating wills and elected power of attorney. 

Our team of Wills, Trust and Probate solicitors are led by third-generation solicitors with over 30 years of combined experience drafting Wills.

We offer a free initial consultation if you want to know more about how you can create your will or how to amend it.

To arrange an appointment, please call us today on 0214708570 or complete our online inquiry form https://greensolicitors.ie/contact, and a team member will be in touch.

https://www.theguardian.com/us-news/2016/jul/11/martin-luther-king-bible-nobel-prize-dispute 

https://www.theguardian.com/world/2010/dec/06/liliane-bettencourt-settles-legal-dispute

https://www.nytimes.com/2020/06/25/arts/music/james-brown-will.html

https://www.theguardian.com/world/2010/feb/02/nina-wang-will-hong-kong

https://www.billboard.com/business/legal/jimi-hendrix-bandmates-heirs-lawsuit-sony-copyright-1235028684/

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Best regards,

Dylan Green

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