My mother-in-law passed away about two years ago. She left her property among her children and had no provision for her grandchildren. One of her daughters she lost her, dying in her intestacy, leaving one adopted child.
I have read parts of the 1965 Succession Act. This states that the inheritance lapses and reverts to an inheritance divided among the remaining beneficiaries.
I also read Article 98 of the same law which states his right to this inheritance. My question is, does her son have an automatic right to his mother’s inheritance?
Mr. EC
Things can get messy if the person expected to inherit is the first to die. Ideally, we all update our will regularly to keep it up-to-date and fully aligned with our wishes as circumstances change. However, most Irish people don’t even have the will, so perhaps there is little hope of that.
That’s when you have to delve into the inheritance law. You’re one of the few people who’ve done it before contacting me, so I’m impressed.
In any case, your question gives me a chance to correct what I said the last time I had this problem. And Mr. JB which reader pulled me in so exactly.
The general rule is that when someone dies before they intend to leave something in their will, what they intended to inherit goes back to the pot, so to speak. called. This is a blanket clause by which all wills must stipulate who will share what is left after a particular bequest has been classified. It also provides a safety net in case the person who was expected to inherit does not live long enough to inherit.
Adopted children have no automatic right to their mother’s share, but in the absence of a spouse they may inherit directly from their grandmother.
In the absence of a legally reserved portion clause, whatever remains in the estate for any reason is subject to an intestate rule that is divided among the closest relatives of the deceased in order of priority, such as that person being alive and unable to receive an inheritance. processed on the basis of Inheritance laws also have provisions.
However, as you may have noticed, Article 98 makes an exception where a parent leaves something to a child and the child dies before the child but leaves a “problem”, and the doctrine of lapse does not take effect. not.
“Issue” is a very legal word that essentially means a child. It governs all of a person’s children, legally adopted children and their direct descendants, whether born in wedlock or not. However, stepchildren and foster children are not included.
Situations involving sisters-in-law therefore fall into this category. She died, but left her adopted children, so her legacy is not extinguished.
However, and this is where I have said the wrong thing so many times, it does not mean that what was meant for his mother will automatically be passed on to the adopted child.
Instead, the inheritance that the mother-in-law left for her deceased daughter would become part of the deceased daughter’s estate. In reality, the law seeks to determine that the daughter lived beyond her mother, but in reality it did not.
When someone dies before they intend to leave something in their will, the general rule is that what they intended to inherit goes back to the pot, so to speak.
Inheritance depends on what was in the will of the dead daughter. For example, it is very common for spouses to leave their entire property to each other. Especially since it avoids all tax issues.
I don’t know if this woman has a spouse, just that she has adopted children, so it depends on who she leaves her assets to in her will. Obviously, it’s more likely he was offered, but it’s possible others are too, and there’s a residual clause content.
Of course, only if she made a will. If she did not leave her will, this inheritance would be treated under the rules of intestacy in the same way as the rest of her estate.
If there is a spouse and this adopted child, the inheritance is basically divided, with two-thirds going to the spouse or civil partner and one-third to the adopted child. If the spouse or partner is not alive, they are all adopted.
Therefore, an adopted child does not automatically get the mother’s share, but if there is no spouse, the adopted child may inherit directly from the grandmother through a will or intestate.
Questions? Dominic Coyle, Q&A, The Irish Times, 24-28 Tara Street Dublin 2 or email dominic.coyle@irishtimes.comThis column is a reader service and is not a substitute for professional advice
