# Step children and wills



## rachel101 (10 Jun 2014)

I don't have a will, I haven't been in a rush as I've no property and am happy with the fact that my spouse and children will just inherit if I die as this is how my will would be set out anyway.

I do however have a step child, and I hVe read conflicting articles on internet on whether she can inherit the same share as my biological children.

I've nothing against her, but seeing how she has a mother and father to inherit from,I feel it would be unfair on my children if she also inherited part of their share from my death.

I don't mean to sound heartless, I'm looking at this from a practical point of view rather then from an emotional view! 

Thanks


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## Sandals (10 Jun 2014)

Know someone who is married to person with child previously. Will had a separate section leaving x amount to all children, large enough so this child couldnt contest. Maintenance has just finished up as 18..they have had will change immed reducing that childs amount as no contest for adult children.. this is all only on conversations with step parent in question....


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## Branz (10 Jul 2014)

stepchild = child in Group A for thresholds fot IHT
look at section 117 of Succession act: if the stepchild feels hard done by while a child you might find yourself on a sticky wicket, with a simple caveat as per section 38
http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0117.html#sec117


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## itsallwrong (17 Jul 2014)

So does that mean that when the stepchild turns 18, regardless of being married to the biological mother of the child, 
you are no longer required by law to make allowances for them in a will or inheritance?


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## Sandals (18 Jul 2014)

yes, that is the situation from the step parent, 18 yr is a now seen as an adult, maintenance stopped immed and they changed the will to a nominal sum of money (this may seem harsh but over 16 years of maintenance...) ...however the step child is now pregnant and phonecalls have been made regarding maintenance for the grandchild...this has thrown up a whole new situation and they are seeking legal advice...

Has anyone any info on a very young man now about to be a grandfather and the issue of maintenance being looked for...


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## tallpaul (18 Jul 2014)

Maintenance for a grandchild??? God loves a trier...


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## Branz (18 Jul 2014)

tallpaul said:


> Maintenance for a grandchild??? God loves a trier...



perhaps not. Its not clear who is been seen as the father of the impending grandchild.


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## stephnyc (18 Jul 2014)

@ircoha

why does it matter who the father of the child is? the OP is the grandfather and I dont believe there are any obligations on grandparents to provide for their grandchildren Many do, but its a choice...


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## Sandals (19 Jul 2014)

father of baby is either 16/17 living in the home house since they meet a few months ago!!!!! story is 18 yr saying she going to go back to education (however her old secondary school have refused to take her back last June after the LC) and her mother looking for maintenance payments to start up again...as well as for grandchild!!!!  The divorce papers specially say 23. (court payments were so easy to stop as social welfare sent a letter to court house as child had signed on the day of her birthday)


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## Sandals (19 Jul 2014)

tallpaul said:


> Maintenance for a grandchild??? God loves a trier...



The stories Iv heard are unbelievable...yes, perhaps they could be one sided from the person I hear them from but i douth it as she's very impartial to whole thing but when I see photos on facebook (yes snooper here) of stretch limos etc for LC graduation, one minds boogles...

request sent for €700 cot...her own children all had the same free donated cot.


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## Don_08 (19 Jul 2014)

My husband has a 14 year old. He has a seperate term assurance policy where the proceeds are paid directly to her if he dies before she is 25.  Our wills then leave everything to other spouse and divided between our own children on our death. 

Solicitor advised that this was the easiest option. No obligation after age 18, but we will review once term assurance policy finishes. 

No obligation for me personally to leave anything to her. OP , I would advise getting a will made.


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## Branz (20 Jul 2014)

Don_08 said:


> My husband has a 14 year old. He has a separate term assurance policy where the proceeds are paid directly to her if he dies before she is 25.  Our wills then leave everything to other spouse and divided between our own children on our death.
> 
> Solicitor advised that this was the easiest option. No obligation after age 18, but we will review once term assurance policy finishes.
> 
> No obligation for me personally to leave anything to her. OP , I would advise getting a will made.



Once the dependents reach 18 there is no obligation from anyone to leave them anything.
Equally they have no rights to anything.

However, Sect 117 of the Succession Act, in part, says the following:
"...Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise,...."
http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0117.html#sec117

I have first hand experience of this being used by adult children to lodge a claim based on different schoolings: Loreto College versus the local VEC.
The process was kicked off by a simple Caveat and the only ones who made money were the lawyers on both sides.

I am not saying it is right or wrong, but it cost a lost of money.

As the saying goes, where there is a will there is a way...

In most cases the family home is the main asset and in extreme cases of exclusion planning, I have seen the house sold to the non-step children with a lifetime interest to the parents. I gather than if this exists for more than two years, it cannot be attacked by the "excluded"

My point is that making a will without thinking through the different permutations can lull one into a false sense of 'legal security'.


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## finnegan101 (22 Jul 2014)

so to sum up, the children can get different amounts, the grown up children do not need to be given anything, merely for it to be shown that they have being provided for, ie this can include paying for college etc any/or other expenditures,


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