Deceased Mother's Will

[clareG]

My Mam died 3 years ago leaving the family house to be divided to her 3 daughters and the remaining quarter to be shared to 6 grandchildren. My father is still alive and he has made a will excluding the grandshildren and leaving the house to the 3 daughters. Do the grandchildren still have a right to a quarter from my mothers will or does my dads will now decide who gets what.

Thanks for any info.

 

[dats_right]

There really isn't enough information there to provide any sort of meaningful advice. But, without knowing the full details of the situation two things spring to mind straight away. But, don't hold me to it as, I'm sure there are solicitors and others on this forum who specialise in probate and could offer more detailed and substantial advice than I can.

First, what was the position of the legal/equitable interest in the family home. Did your mother have any legal or equitable interest in the home? (Remember this is not automatic and up until relatively recently it was common practice to convey legal title into the sole name of the husband, therefore if the wife was to have any recognisable interest in the home it would be necessary to show either direct or indirect contribution to the purchase price, mortgage instalments or a general family fund). If she could not show either direct or indirect contributions then the husband would be deemed to be both legal and equitable owner of the property, in which case your mother would not have had any interest in the home to bequest in the first place.

Second, if she had a legal or equitable interest in the home then, what provisions were made in your mother's will to her husband(your father), if there were none or insufficient provisions then he would have been entitled to what is called the legal right share of her estate, which would have priority over other devises or bequests. s111(2) of the Succession Act 1965 provides: 'if the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate'.

Essentially, what it comes down to is; a) whether your mother had a recognisable legal/equitable interest in the home in the first place, and; b) if she did have such an interest, what provisions were made for and did she make proper provision for the surviving spouse(i.e. at least one-third of her estate).

 

[clareG]

Thanks for that. My mother and father did not talk for years before she died and assumed she would outlive him.

 

[dodo]

I think if your father now owns everything then he has the right to make a new will

 

[clareG]

thanks but he is ill at the moment. I really needed to know if he excluded the grandchildren from his will could they make a claim because they were mentioned in my mothers will.

Thanks

 

[mf1]

You need to respond to dats right's post about what interest your mother had in the property before anyone can offer any real advice.

mf

 

[clareG]

Thanks. My mam had an equitable interest in the house. 2 of my adult children are insisting that their grandfather does not have to include them in his will as their deceased grandmother willed them proceeds from the sale of the house and even thought she is dead that her will still stands.

Sorry for delay in responding to Dats Right but just back from the hols.

Thanks

 

[mf1]

My mam had an equitable interest in the house

I don't understand this and I'm a solicitor. Are you saying that she was not on the Deeds? That your father ( or someone else was/is the sole owner of the house? And has anyone taken any steps with her estate? has anyone asserted any entitlement to the house? Who lives in the house?

mf

 

[clareG]

Sorry MF1 if I am cunfusing things hers. My mother worked and paid her share of the house before she died. Her assets amounted to a couple of thousand euro which was divided as per her wishes. Is there a simple answer as to whether my children are entitled to a share of the profits of the sale my fathers house (which he has willed to his 3 daughters) or is the house now his to do with as he wishes. He is a very sick old man and not expected to live very long.
Thanks

 

[mf1]

Is there a simple answer..........

I don't think so. From the information you've given it is impossible to say whether your mother had an interest in the family home that she could bequeath to anyone. And if she did'nt then her will has no vailidity at all.

mf