Help needed please

carrieblue

Hi ,

Does anyone know if it is possible to view a copy of a will, my father passed away in 2008 and we believe that he may have worded his will in a certain way which would have prevented the sale of our family home which has been in our family for generations.

We are hoping that he stated that my mother could live in the house when she was alive but this was to be split between us the children with the provision that it was not to be sold. As my grandmother did when she also passed away previously.My mother is now trying to get the house into her name and sell it.

As you can guess now she wants to sell the house so we are devastated at this, we do remember a mention of a will when we were smaller and also my mothers versions of a will being made and what it contained differ according depending on who she talks to.

Any advice would be greatly appreciated .

Pkiernan

http://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html

Status of wills as public documents
After probate has been taken out on a person's will, that will then becomes a public document and a copy can be obtained by anyone from the Probate Office or relevant District Probate Registry. The Probate Office also sends copies of the will, the Grant of Representation and the Inland Revenue Affidavit to the Revenue Commissioners.

Pkiernan

By the way, I don't believe that your mother can simply have the house put in her name.

It is not necessarily entirely hers, as the deceased's children may have a legally protected interest in his estate:

Legal rights of spouses, civil partners and children when there is a valid will

In general, you are free to dispose of your belongings or estate as you wish, but your will is subject to certain rights of spouses/civil partners and other more limited rights of children. These rights are set out below.

Rights of a spouse or civil partner
If you have left a will, and your spouse/civil partner has never renounced or given up his/her rights to your estate, and is not "unworthy to succeed" in legal terms, then that spouse/civil partner is entitled to what is called a "legal right share" of your estate. This legal right share is:

One-half of your estate if you do not have children
One-third of your estate if you do have children
Your spouse/civil partner does not have to go to court to get this share, as any executor is obliged to grant this share where applicable. You can also make a bequest in your will that increases your spouse's/civil partner's legal right share, although if you do not specify that this gift is meant to be in addition to his/her legal right share, the executor may consider it part of that share and not an extra element to it. Your spouse/civil partner can choose to take either the assets specified under the will or his/her legal right share. The executors must inform your spouse/civil partner in writing of his or her right to choose between these two options and your spouse/civil partner must exercise this right within 6 months of receipt of notification or within 12 months of the taking out of the Grant of Representation.

Milk & Honey

Pkiernan wrote: »

By the way, I don't believe that your mother can simply have the house put in her name.

It is not necessarily entirely hers, as the deceased's children may have a legally protected interest in his estate:

From what you have quoted the only person with a legally protected legal right share is the o/p's mother. The o/p as a child of the deceased has no legally protected share and only has what the will gives him.

Procrastastudy

My, probably very flawed, understanding is he could have set the will up to grant a life estate but if the estate left in fee simple (the regular way property passes OP) any restriction placed on selling it would be void. I assume his will was drafted by a solicitor rather than him doing it himself?

Not legal advice and likely, at the very least, poorly phrased. Any corrections appreciated.

MagicSean

Just speak to the solicitor who did the will with him. Or to the executor. Either of them would be able to assist.

chops018

Can't give legal advice here, see the charter. As has been mentioned go see a Solicitor, especially the Solicitor who dealt with this. This isn't advice, just fact, if the will didn't create a trust regarding the house then the mother will take the house as a gift absolutely and may do what she wishes with it. Also a claim under section 117 for proper provision for children is very hard to prove.

Equality

Contact the probate office, get your father's will and your grandmother's will. The grandmother's will may be more important, as she may not have given your father full ownership, if she placed limitations on his right to dispose of the property.

It is your grandmother's will that is more likely to offer you what you need.

If your father had full ownership, you should look at the Succession Act 1965.

The paragraph below is from citizens information:

'You (the widow) may require that the family home be given to you in satisfaction of your legal right share, even if the home was left to another person under the will.'

BUT

your grandmother's will may prevent this.

You really need to see the grandmother's will, and to consult a solicitor once you have both wills.

Milk & Honey

chops018 wrote: »

Also a claim under section 117 for proper provision for children is very hard to prove.

The claim also has to be brought within 6 months of the extraction of the grant of probate.

dats_right

Was the property registered in the joint names of your mother and father? If it was then the property might pass to her automatically under the rules of survivorship outside the estate.