# Inheritance rights of second spouse



## Wellington (18 Apr 2012)

If a widowed person is getting remarried and splitting their property between their children and their new spouse; what happens to the new spouses portion on instigation of the will?
Eg; Widower with three daughters is getting married.  A property is being split in 4 in his will. If on his passing his second wife is still alive and subsequently dies - what happens her share of the property?


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## mf1 (18 Apr 2012)

Widower when he marries again only has one spouse. Anything he leaves her, is hers. She can do what she wants with it. He has obligations to her under the Succession Act. 

She is no less a wife by being the second wife rather than the first wife. The children don't have any entitlements to Father's estate. 

Suggest he gets legal advice specific to his circumstances. 

mf


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## Wellington (18 Apr 2012)

Thanks MF

What I'm worried about is that after my fathers death she could leave her share to her children and then we're into a legal wrangling!


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## huskerdu (18 Apr 2012)

Yes, if after your father dies, the house is owned by 4 people, each of the 4 can leave their share to anyone they want to in their will. 

What if one of the children dies and leaves their share to their spouse or partner or child ? It would be exactly the same situation.


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## Bronte (18 Apr 2012)

Wellington said:


> What I'm worried about is that after my fathers death she could leave her share to her children and then we're into a legal wrangling!


 
If a share is left to her she is entitled to leave it to her children, and that is precisely the most likely thing she would do, who wouldn't.


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## Wellington (18 Apr 2012)

It's stated in the will that if one of the children dies that it reverts to the other children. But no provision for what if he and his new spouse dies, what happens to her share?


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## csirl (18 Apr 2012)

Is there a potential 'right share' issue with this proposed new Will - if wife only gets 25%, this is less than her 'right share' of one third.


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## Ann1 (18 Apr 2012)

csirl said:


> Is there a potential 'right share' issue with this proposed new Will - if wife only gets 25%, this is less than her 'right share' of one third.


That's exactly what I was thinking. I am married for the second time and both myself and my husband have left everything we own to each other. The surviving party will make a final will. We want to be sure the who ever is left behind is well provided for. When our children were younger we had different arrangements in place but now that they are married with their own families we both come first for each other.


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## Vanilla (18 Apr 2012)

Wellington said:


> It's stated in the will that if one of the children dies that it reverts to the other children. But no provision for what if he and his new spouse dies, what happens to her share?


 

If your father dies first, your stepmother will get her share. You say she will be left one quarter. But in fact she is entitled to one third under the Succession Act- and is entitled to appropriate the family home to her use.

If your stepmother dies first, her share lapses anyway but presumably your father will remake his will.

If they die together, they should have a 'commorientes clause' in their will to deal with the situation.


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## Harry31 (18 Apr 2012)

In my own experience, my dad remarried, his 2nd wife died before him.  He had never adopted her children - grown-ups - so when he died he left everything in his will to his own children.  But I think the main thing is to make sure they both have wills made.


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## huskerdu (18 Apr 2012)

Vanilla said:


> If your father dies first, your stepmother will get her share. You say she will be left one quarter. But in fact she is entitled to one third under the Succession Act- and is entitled to appropriate the family home to her use.
> 
> If your stepmother dies first, her share lapses anyway but presumably your father will remake his will.
> 
> If they die together, they should have a 'commorientes clause' in their will to deal with the situation.



The OP seems concerned about the following scenario.

Her father dies and the house is inherited by his wife and 3 children.

Some time later, his wife dies and the family have no control over who she leaves her share to. 


Putting aside that fact his wife ie entitled to one third of his estate ( which may be happening, as the estate may consist of more than the house), once all 4 inherit the house, there are potential family rows in the futue anyway, if one of the owners want to sell and the others don't.


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## Vanilla (18 Apr 2012)

Sure, but there's no easy answer to this.

After all the property belongs to the OP's father and is his to will in whatever way he wants. And the stepmother has rights although I suppose they could sign a pre-nup although we are really just on the cusp of recognition of these in Ireland. Alternatively he could execute a transfer of the property before the marriage to the three children, reserving rights for his lifetime and possibly for that of the stepmother...there are a number of options open but it's a matter for the father.

Really, the father should take legal advice before the marriage. And wills should be made by both parties. After that it's up to the father.


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## Bronte (19 Apr 2012)

huskerdu said:


> Putting aside that fact his wife ie entitled to one third of his estate once all 4 inherit the house, there are potential family rows in the futue anyway, if one of the owners want to sell and the others don't.


 
Well this is easily solveable, the house will be a forced sale or the other 3 buy her out. And if they are fighting about it now, maybe the Dad should disinherit the children. It is his decision. 

Both husband and new wife will have to make their own wills and neither is entitled to know what is in the other's will. 

And what will happen if new wife has a child. All sorts of possibilities. Maybe he shouldn't get married at all as it's all getting far too complicated already.


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## DK123 (7 Feb 2014)

what is the second wife entitled to where the husband dies intestate and there are no children in the second marriage,but three children from the first marriage and the first wife is deceased?.


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## mf1 (8 Feb 2014)

In Ireland, its the provisions of the Succession Act 1965 that govern.

67.—(1) If an intestate dies leaving a spouse and no issue, the spouse shall take the whole estate.

(2) If an intestate dies leaving a spouse and issue—

(a) the spouse shall take two-thirds of the estate, and

(b) the remainder shall be distributed among the issue in accordance with subsection (4).

mf


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## DK123 (8 Feb 2014)

Thank you mf1.Very much appreciated


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## taytoman (10 Feb 2014)

This is a very interesting discussion. OK, so the (second wife) is entitled to 1/3 of her husbands estate. 

Does this one -third refer to the entire estate (family home + any other assets), or is it just the "non- home" assets?

Also, has she an effective entitlement to the family home, as the family home cannot be sold without her permission?


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## mf1 (10 Feb 2014)

taytoman said:


> This is a very interesting discussion. OK, so the (second wife) is entitled to 1/3 of her husbands estate.
> 
> Does this one -third refer to the entire estate (family home + any other assets), or is it just the "non- home" assets?
> 
> Also, has she an effective entitlement to the family home, as the family home cannot be sold without her permission?



She's entitled to two thirds. 

Refers to all assets in the deceased's estate. 

She can seek to appropriate the family home in satisfaction of her share. 

In reality, you need to look at individual cases, individually. 

mf


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