Archive for February 2023

Intestacy and Step-Children

I was recently instructed by John (not his real name). He was the son of Mark and Nuala. Mark and Nuala were not married. They separated and afterwards Nuala married Sean. They had a son Padraig. Mark died intestate, the owner of substantial property. The only beneficiary of the estate was John. Nuala had no…

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Per Stirpes Distribution – Grand nephews/nieces

Last week we looked at the impact of the per-stirpes rule when it comes to children. Today we are looking at the situation for siblings. In a previous post I noted two key criteria for per-stirpes, in that, there must be at least one surviving child/brother or sister in the pool and one pre-deceased child/sibling…

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Per Stirpes – Great-grandchildren

Just following on from our recap on the per stirpes rule, I just wanted to share a recent experience which will just help you in navigating the rules. This is in particular with respect to grandchildren and great-grandchildren and the impact on the rule. Essentially the rule states that yes, grandchildren and great-grandchildren take the…

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