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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Original poster

Inheritance

19 replies

Idonkt · 19/03/2023 11:22

Hi I am from and living in Ireland,
My mum and dad bought their house in 1992, it was owned jointly by them and both their names were on the deeds,
They were unmarried because my dad was and is not divorced from his ex wife, they split in the 70s and have no contact since.
When my passed away dad became sole owner of the house, he decided to leave me the house in his Will.
He is still alive and I live with him
We wanted to ask if he passes away could his estranged wife legally be entitled to the house as my dad and her didn't divorce.

OP posts:
Mitsahne · 19/03/2023 12:06

Hi @Idonkt . I'm in Ireland too. It sounds like you absolutely need to consult a solicitor. It doesn't sound straight forward at all.

Mitsahne · 19/03/2023 12:07

If I'm reading it right, your dad is still married.

BeExcellent2EachOther · 19/03/2023 12:09

It sounds like he is legally married and therefore his wife would be NoK and inherited the house; why doesn't he just get a divorce?

Collaborate · 19/03/2023 14:06

You need to speak to an Irish solicitor. A UK website isn't probably the best place to look.

Senorfrijoles · 19/03/2023 15:36

OP- Looking at your other thread you mention your father has children with his ex (although he has no contact with them). This is a relevant detail anyone in a position to offer advice would need to know.

PillBoxes · 19/03/2023 15:56

When my passed away dad became sole owner of the house, he decided to leave me the house in his Will.

Sorry, could you be clearer.... is your Dad's ex wife still alive, is your mum (his partner) still alive.

I have some knowledge of Irish laws due to experience on Double Tax Treaties, so I might be able to fill in some basic Irish succession law info. I can try anyway!

Original poster
Idonkt · 19/03/2023 16:16

PillBoxes · 19/03/2023 15:56

When my passed away dad became sole owner of the house, he decided to leave me the house in his Will.

Sorry, could you be clearer.... is your Dad's ex wife still alive, is your mum (his partner) still alive.

I have some knowledge of Irish laws due to experience on Double Tax Treaties, so I might be able to fill in some basic Irish succession law info. I can try anyway!

My dad's ex wife is still alive,
His wife (my mom passed away)

OP posts:
ancientgran · 19/03/2023 16:22

Could he put it in joint names with you, I think that would work in England but don't know about Ireland.

Costacoffeeplease · 19/03/2023 16:37

If he had an ex wife and a current wife surely he was divorced?

cptartapp · 19/03/2023 16:38

But you said your mum and dad were unmarried as he wasn't divorced from his 'ex' wife ???

Farmageddon · 19/03/2023 16:53

OP was your father legally separated from his wife? This would mean that financial ties are severed even without a divorce.

Is there any reason why he can't or won't just apply for the divorce now?

tribpot · 19/03/2023 16:53

I can understand why OP is struggling with the terms but @Idonkt you will need to be clear.

I think there is no ex-wife. There are two women:

  • his wife, from whom he has been separated since the 70s and never divorced
  • his partner, OP's mum, who has now died.

It sounds as if the dad has children with both his wife and his partner.

I'm assuming if he and his wife have never divorced it's because neither party wishes to divorce, and thus the situation is unlikely to change?

Original poster
Idonkt · 19/03/2023 17:04

tribpot · 19/03/2023 16:53

I can understand why OP is struggling with the terms but @Idonkt you will need to be clear.

I think there is no ex-wife. There are two women:

  • his wife, from whom he has been separated since the 70s and never divorced
  • his partner, OP's mum, who has now died.

It sounds as if the dad has children with both his wife and his partner.

I'm assuming if he and his wife have never divorced it's because neither party wishes to divorce, and thus the situation is unlikely to change?

Yes that's correct,
They are both in their 80s now

OP posts:
PillBoxes · 19/03/2023 17:25

From the knowledge I have (from a former life), the following will apply now that the situation is clearer. OP you might correct me if I assumed anything that is incorrect.

  1. The house is now in the sole name of your father, having inherited it under joint tenancy from his partner (your mother).
  2. Your father's wife is still alive, they never divorced.
  3. You are the sole beneficiary of his will (if and when he makes one)

OK, under Irish law, the spouse can claim what is known as the "Legal Right Share" this means that she would be entitled to 1/3rd of your father's estate since they had children. If they had had no children she would be entitled to 1/2.

This is NOT automatic, however the executor of the will MUST inform the spouse in writing of his/her rights under this provision, and she will have one year from the date of the Grant of Probate to exercise her right. She can then decide whether or not to take it, but must be informed.

If she does exercise her right, she is automatically entitled to 1/3rd of your father's estate. The children are not entitled to anything automatically, they must take a case to court to make a claim against his estate, and this is very difficult to prove.

So it depends on what your father's wife decides.

KittytheHare · 19/03/2023 17:25

I'm in Ireland, yes you absolutely need to see a solicitor about this. Even if he had divorced his ex could still make a claim on his estate. So lawyer up on this immediately!

TreasureValley · 16/10/2023 13:13

If arranging a divorce is complicated, maybe your father could add you to the deeds as a joint tenant, so when he dies you will already own the house and it won't be part of his estate.

daytriptovulcan · 16/10/2023 13:53

He needs to make a will, perhaps urgently.

TheBabylonian · 16/10/2023 14:26

Pillbox is correct.

The law with respect to next of kin trumps a will, but yes he should have one.

Even if he specifies the house to be left to OP, the wife is next of kin and has a legal right share if she exercises her rights under law.

First check if there was any separation agreement that removed the legal right share.

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