georgesoros
Registered User
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- 6
However, the assets are theirs and they can dispose of them how they wish
Your parents can do with "THEIR", money, assets, etc, as they want. They're not obliged to give you zilch. They can leave it to the dogs and cats rescue home, if that's what they want to do. Talk to them, call them, if they don't want to, there's not a lot you can do, but you'll have tried.
As far as I know (I am not a solicitor), there is legislation to ensure that children are catered for in a parents will (and the will can be contested if there is no provision for them).
However, when you attain adulthood, then you no longer have any right to anything from your parents estate, if they choose to not leave anything to you.
I think there is a small wrinkle, where due to mental capacity or such, that they may have to provide for dependant adults and again, the will can be contested on this basis.
I am inferring from your posts that you are an adult, (with childern of your own), and therefore not entitled to anything from your parents estate.
However, when you attain adulthood, then you no longer have any right to anything from your parents estate, if they choose to not leave anything to you.
Section 117 of the Succession Act 1965 gives a child of any age who has been un- or under-provided for the option of applying to the High Court for provision out of his or her parent’s estate
Just to change the emphasis..
A child is anyone under 18, no?
Interestingly, the revenue site states 'Son/Daughter' not 'Child' when discussing CAT Thresholds Group A, and such like, which is much less ambiguous.
http://www.revenue.ie/en/tax/cat/thresholds.html
Regardless, it must be expensive to take a case like this and ultimately not worth it, unless they are vastly wealthy. OP, are we talking millions? Could you state under oath that you were not provided for as a child? If not, assume you get nothing, and anything extra is a bonus!
What do they really owe to you over a stranger or a neighbour who is in regular contact?
No, you don't cease to be somebody's child upon reaching 18 (or any other age), although an applicant's age and circumstances are certainly relevant in judging the likelihood of success of any application under Section 117.
From the limited details provided by the OP, I think it would definitely be worth consulting with a solicitor. There is a significant body of case law on Section 117 and a good solicitor should be able to give the OP an informed view as to whether an application under Section 117 would be worth pursuing. Applications under Section 117 must be made within strict time limits so it would be advisable for the OP to consult with a solicitor at an early stage.
It may be worth pointing out that if either parent dies without leaving a will, any surviving children will be legally entitled to share in at least one third of that parent's estate.
How much would an application under section 117 cost me do you think ? Would I be able to claim court costs against the estate ? I suspect my half siblings would oppose me for money reasons. Being the eldest- I was very good to them growing up before any of us had any concept of money but they share some traits with the parents, lack of empathy for others, sociopathy, lack of interesting in visiting their niece since she was born etc.
Section 117 is a mechanism whereby relief can be sought from the court in circumstances where a parent has failed to adequately provide for his/her child in accordance with his/her means and the applicant has a need.
Put crudely, this is all about money. It may sound cold but it is important to understand that no court order can change the past or repair a broken relationship.
An experienced solicitor can guide you on the viability of any possible application under Section 117 and can address your questions on the process and costs of such an application. The Law Society can put you in touch with an appropriate solicitor in your area and most solicitors will only charge a nominal fee (if anything at all) for an initial consultation.
I would like to wish you good luck however you decide to proceed.
Thanks. Sure it is about money but somebody has to get the money, this Section 117 option is for when there is nothing remaining but money and I see no reason why I should not have an equal share to my siblings. In fact , I believe my siblings may have exploited the narcissism and weak character of my parents. Long story.
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