Inheritance to someone deceased - what happens

Discussion in 'Wills, inheritances and gifts' started by fiction1, 21 Sep 2018.

  1. fiction1

    fiction1 New Member

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    My aunt died abroad and in her will left a percentage to my father who had passed away
    before she died. In the will she states that in the event of him dying his share was to pas directly to his children. My mother is still alive and does not want any claim on this.
    There are a number of people inheriting in this will,

    However it has been said that this would go to her automatically.

    Q1. Is this correct?
    Q2. If she disclaims does this go to her children or back into the will for everyone else mentioned in the will
    Q3. If it does go to my mother is she classed as CAT B or C . The reason I ask this is there is no mention of her in the will just my dad who would have been in CAT B and then us in CAT B.
    Q4. If I contact the relevant dept in Revenue and they give me answers to the above should I get this in writing as it may contradict what a solicitor might say.

    Any advice or who would be the best person to speak to on this.

    Many thanks.
     
  2. shweeney

    shweeney Frequent Poster

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    this was discussed here recently, if you look back through recent threads. I think it's treated as if your father inherited just before he died, so it becomes part of his estate and subject to whatever inheritance wishes he made.
     
  3. fiction1

    fiction1 New Member

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    thank you.

    Do you know if the timing has any bearing.
    Father died in jan2010
    Aunt made will in 2009
    Aunt died Jan 2017
     
  4. mf1

    mf1 Frequent Poster

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    "In the will she states that in the event of him dying his share was to pas directly to his children. "

    What am I missing?

    The will states that in the event of him dying his share was to pass directly to his children. Not to his wife. She doesn't get anything.

    His children get it. The aunt left it to them.

    You're over complicating this. There is no issue.

    mf
     
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  5. fiction1

    fiction1 New Member

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    A solicitor said it goes to my mother but that is where my total confusion comes from.
     
  6. Brendan Burgess

    Brendan Burgess Founder

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    Was this solicitor familiar with the actual will or were they consulted in a public bar?

    If the solicitor was acting in a paid professional capacity, they should specify the basis for that advice.

    Could the fact that your Aunt lived abroad be relevant? Could the country she was in have strange laws which over-ride ours.

    Brendan
     
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  7. SBarrett

    SBarrett Frequent Poster

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    Was thinking the same myself. There is clear provision in the will for the percentage of assets to go from aunt to nieces/ nephews. I thought there might be a trick somewhere!

    OP, it would be taxed under CAT B, so you can inherit up to €32,500 tax free.

    And mf1 is also a solicitor. and a better one that the one that told you your mother was getting it!
     
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  8. fiction1

    fiction1 New Member

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    Thank you all in advance for your posts. It give me more question that I can put to a solicitor . The solicitor I took advice from was in one of the free clinics held in Dublin. he just read what I have stated below.

    But just to clarify the wording that was specified.

    I bequeath all the rest of , residual and remainder of my property to movable and immovable in the following manner ,to wit:

    to my brother xxxx 15% thereof;


    last paragraph of this section clearly states.
    Should any of my universal legatees named in this section of my present will pre decease me, his or her share shall devolve to his or her children in the first degree(in the first degree underlined) in equal shares and failing such children in the first degree, his or her share shall accrue to his or her co-legatees in the proportions set forth herein above.
     
  9. Brendan Burgess

    Brendan Burgess Founder

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    Is the term "universal legatee" used in Ireland. Not sure it makes much difference.

    You need to show a solicitor the full will. And pay a fee for doing so rather than relying on the free ones.

    Brendan
     
  10. fiction1

    fiction1 New Member

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    I think so . thank you.
     
  11. TinaFin

    TinaFin New Member

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    I have the same question, only I do not know who the solicitor is. My father died before his mother, what happens to his share, he left everything to my brother and I split equally. How do I know it has been distributed properly, I know his siblings and they would not give up anything easily. I don't know if she changed her will before he died last year, she is very elderly.
     
  12. Curlywurly

    Curlywurly Registered User

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    @TinaFin
    If the will has gone to Probate you can get a copy of it from the Probate office and see to whom your late grandmother left her estate. If she left a share to your father ,who predeceased her, and left alternative instructions in the will in a situation where a legatee / devisee predeceased her, then those instructions must be followed.
    If however she did not otherwise dispose of the legacy or devise in a case where the legatee / devisee predeceased her it normally lapses and falls into the residue. The exception to this is where the predeceased legatee / devisee is a child of the testatrix (person making will) and leaves lawful issue living at date of death of testatrix ( your grandmother) the legacy takes effect as if the predeceased legatee (your father) died immediately after the testatrix. Hence it would go to your father's estate which you said was split equally between yourself and your brother.
    If you also get a copy of the Probate document from the Probate Office it will show the name of the solicitor who extracted the Grant of Probate. Or whether it was a personal application made by the Executor without involving a solicitor.
     
  13. mf1

    mf1 Frequent Poster

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    From reading TinaFins post, I gather the Granny is still with us!

    There'll be no Grant of Probate until after her death.

    mf
     
  14. noproblem

    noproblem Frequent Poster

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    As a matter of interest, is it possible for a person who is/was the sole inheritor of a deceased persons estate to find out who has asked to see the will at the probate office? Just curious as to who might be having a gawk?;)
     
  15. mf1

    mf1 Frequent Poster

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    I don't think so. Its a matter of public record and anyone asking for a copy must make an application with their name and address etc.,etc., but I suspect that with GDPR the Probate Office could not release that information.

    mf
     
  16. noproblem

    noproblem Frequent Poster

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    Thanks for that, must ask a friend who has a sister working there for certainty.
     
  17. Curlywurly

    Curlywurly Registered User

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    @mf1
    On re reading TinaFins post I see that the Granny may still be alive alright. I took it that it was a typo in the last line when she wrote "he died last year" and that she really meant her granny died last year. Especially In view of her earlier statement regarding her father's share and whether it had been distributed properly and that his siblings would not give up anything easily. If the granny is still alive there is no share at this point for her father and also nothing for the siblings to give up!! Also the will is not on record anywhere to be viewed as it is the granny's personal affairs and up to her if she wishes to show it to anyone.