Rights of children under a will

lastchants

From citizensinformation.ie:

Unlike a spouse/civil partner, children do not have any absolute right to inherit their parent's estate if the parent has made a will. Children born inside or outside marriage and adopted children all have the same rights and there are no age restrictions. However, a child may make an application to court if he/she feels that he/she has not been adequately provided for. It is important to seek legal advice before making such an application. An application must be made within 6 months of the taking out of a Grant of Representation. The court then has to decide if the parent has failed in his/her duty to the child in accordance with the needs of that child. Each case is considered individually, but it is important to remember that the legal right share of the spouse cannot be infringed in order to give the child a greater share of the estate. It can, however, reduce the entitlement of a civil partner.

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

My question is, what would constitute a failure in duty to a child in accordance to the needs of that child? I understand its dependent on the specifics of the individual case, but can someone give some examples?

Also, is this concerning dependant children only? Where an adult child has been living independently of the testator/testatrix for some years, would a court consider them to no longer have any needs which their parent has a duty to fulfill?

camphor

lastchants wrote: »

From citizensinformation.ie:



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

My question is, what would constitute a failure in duty to a child in accordance to the needs of that child? I understand its dependent on the specifics of the individual case, but can someone give some examples?

Also, is this concerning dependant children only? Where an adult child has been living independently of the testator/testatrix for some years, would a court consider them to no longer have any needs which their parent has a duty to fulfill?

No. Maybe.
This case deals with the issues.
http://www.bailii.org/ie/cases/IEHC/2003/6.html