Archive for August 2021
Civil partners and s. 117 claims
You might recall last week that I mentioned that s. 117 applications cannot succeed where a spouse inherits, because spousal bequests are exempt from challenge by children (s. 117(3) Succession Act). There is an important exemption to this. That is children of civil partnerships. It is open to such children to make an application under…
Read MoreRestriction on s.117 claims
Just a quick note. You will often have to advise a testator that they owe a moral duty to their children. So how does that work in mutual husband and wife will situation? If a husband leaves his entire estate to his wife, has he not failed in his moral duty to his children. Can…
Read MoreErrors with homemade wills
You might often have had to help clients sign wills at home by giving them direction and letting them have samples. Particularly during Covid, when it was difficult to see clients face to face. However despite the best instructions in the world, invariably there will always be a mistake or some issue with home wills.…
Read MoreSection 117 and stepchildren
Just a quick one to recall. I was acting for a female spouse of a marriage. The man of the relationship was previously married but was divorced. He had a child of that previous marriage. My client and her husband have a child of their new marriage. She wanted to leave her Irish estate to…
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