Thanks @Early Riser , the above section reads like it is for the context of Minors as opposed to Adult children but this could be what the Solicitor had in mind during his explanation.
If the child is in care then the parents would still have a duty of care to that child. Different if the child is financially independent from the parents.A friend's Dad has been advised by his solicitor that the Father cannot exclude one of his children from inheriting part of his estate. The question was posed to the solicitor in the context of Fairdeal provisions for a child that is in care. The fear being that any inheritance would be gobbled up by the fairdeal scheme.
The Solicitor in essence explained that he cannot exclude the child from benefitting from his will. Doesn't sound right to me but I'd appreciate your thoughts. My understanding is that children do not have absolute rights to an inheritance unlike a Spouse.
Thanks all.
H.
ok, I did some follow up & the adult child is in fact financially idependent of the parents. Is this material?If the child is in care then the parents would still have a duty of care to that child. Different if the child is financially independent from the parents.
This is where I'd take legal advice.ok, I did some follow up & the adult child is in fact financially idependent of the parents. Is this material?
Right, this fact may not have been made known to the Solicitor.This is where I'd take legal advice.
I find it amazing that people think their money shouldn't be used to fund their care while in a nursing home but think instead that their neighbours should pay for it.The fear being that any inheritance would be gobbled up by the fairdeal scheme.
Yes, but how does a child (adult child) who lacks mental capacity challenge the will on the grounds, say, of "moral duty" and "proper provision"?You can exclude a child from a will. Many do. However the child might challenge the will.
Very few incapacitated adults are wards of court - including adult who are severely intellectually/mentally incapacitated. And few have legal guardians. They have next of kin who may advocate for them. But if parents are dead, and a will excludes the incapacitated child from any inheritance, it is unclear who would be prepared and able (or even aware of the will details) to bring a case on their behalf. Perhaps, the recent commencement of the Assisted Decision Making Act ( https://www.courts.ie/news/new-deci...e-assisted-decision-making-capacity-act-comes ) may eventually bring some clarity to this but I am not sure how that might work.If the adult is incapacitated then I suppose are they a ward of court? Or do they have someone as legal guardian? They’d be the people to take action
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