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Per Stirpes for Married Couples

  • 26-08-2013 3:33pm
    #1
    How so Joe
    Registered Users, Registered Users 2 Posts: 1,625 ✭✭✭


    Just a thought which occurred to me while browsing boards today.
    If a married couple die simulataneously and are intestate, are their assets distributed jointly or separately?

    Thus, if a married couple were to die at the exact same moment, childless, would their estate, assuming it goes to their siblings, be divided 50/50 between both sets of siblings, or if, for example, one has three siblings and the other has one sibling, would it be divided into quarters?


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    How so Joe wrote: »
    Just a thought which occurred to me while browsing boards today.
    If a married couple die simulataneously and are intestate, are their assets distributed jointly or separately?

    Thus, if a married couple were to die at the exact same moment, childless, would their estate, assuming it goes to their siblings, be divided 50/50 between both sets of siblings, or if, for example, one has three siblings and the other has one sibling, would it be divided into quarters?

    Use the search function on the LD thread. It's answered some time ago.


  • #3
    How so Joe
    Registered Users, Registered Users 2 Posts: 1,625 ✭✭✭How so Joe


    Tom Young wrote: »
    Use the search function on the LD thread. It's answered some time ago.

    Oh, sorry. I must have been searching the wrong terms.

    Edit: I honestly cannot find this. I'm feeling really dumb now, because I must just be missing a word or something.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Try here: http://www.boards.ie/search/submit/?subforums=1&forum=633&query=Stirpes

    Also look at Commorientes.


  • #5
    How so Joe
    Registered Users, Registered Users 2 Posts: 1,625 ✭✭✭How so Joe


    Okay, so in the event of spouses dying comorientes, given the provisions of s.68 of the civil law (miscellaneous provisions) act 2008, their joint property would be held in common in equal shares.
    Thus wife's single sibling would inherit the entirety of her half, where the husband's multiple siblings would divide her half, am I correct?

    This then being in contrast to the situation in England, where the elder of the two would be deemed to have died first, thus the younger's sibling(s) would inherit the entirety?
    Have I got that right?


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