# Unworthy to SUcceed



## jacqueline (26 Jul 2012)

How would one go about proving that someone was Unworthy to Succeed.

For example, Mother died , father lives, separated for 40 years, desertion , no child support or contact.

 yet the living parent who contributed nothing wants to claim. I have read about this UTS rule, and it just says, 
'
Being judged "unworthy to succeed" is not common but could arise if the spouse had deserted the deceased for at least two years prior to the death. '


How would one prove that? Considering the father left ireland and moved away for 40 years, could bank statements from England, tax returns from England be used  to prove desertion for more than two years?

Thanks for any help


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## mf1 (27 Jul 2012)

http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0120.html

If the spouse is insisting on taking a share, then an executor/administrator should consider, bearing in mind the value of the estate, if they should seek a  Court Order in the terms of section 120. 

mf


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## jacqueline (27 Jul 2012)

You're a Diamond. Thanks so much.!!!


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## Padraigb (27 Jul 2012)

Surely there is a big difference between testate and intestate estates?

If there is a will that excludes the deserting spouse, the onus of proving entitlement to the legal right share falls on the claimant, and the executor defends the action.

If there is no will, the administrator would need to seek a court order that the deserting spouse is unworthy to succeed.


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## jacqueline (27 Jul 2012)

There is no will. To be honest, there isnt a big lot of money involved either. But its just the principle of the thing. I dont want him to get even one euro from My Mother. he never gave us anything. I would rather put it in a bag and burn it on front of him.

Thats why I was initially asking how I would go about getting him excluded.

I was the subject of a Custody battle when I was about 2 or 3. he was ordered by Court to pay maintenence , given visitation etc, and never paid, nor visited.

I called high Court yesterday asking if I could see my old records. I was hoping that I could prove he was ordered by Court to do something  and never did it. I was also hoping I could get his tax records to prove he has lived away for 40 years.

Thanks for the interest and opinions. Much appreciated.


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## jacqueline (27 Jul 2012)

Would anyone know the costs of applying for Court Order for proving the deserting spouse is unworthy to succeed. is there a set ballpark figure of for example 100.00 euro. Or would it go up into the thousands?


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## Padraigb (27 Jul 2012)

You need to line up your ducks. First, are you the administrator of the estate, or is an application yet to be lodged? Or is somebody else lined up for that role? It is the administrator's place to deal with unworthiness to succeed. Is it intended to appoint a solicitor to do the work on behalf of the administrator?

You are not going to get his tax records or bank records without his collaboration, so that form of evidence is not likely to be available to you.

I presume that your mother raised you, and suppose that you remained in good contact with her when you reached adult years. Your own experience is strong evidence of his continuing desertion.

I am not a lawyer, so I can't help on the costs of seeking a court order.


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