# Do we have a right to fight??



## timnlay (14 Sep 2011)

I have just found out that my biological grandfather has passed away and I would like some direction.

My father was unaware this person was his father until just recently, although he had known him his whole life. They had quite a number of visits before my grandfather passed and had made somewhat of a bond.

The reason for my post is this, my biological grandfather was a multi-millionaire and I am wondering if my father or myself have a right to lay claim to any of the fortune?

My father was advised by an lawyer that he should not bother even trying for my grandfathers wife had started, prior to the death, selling off land and other things and putting them in her name and that it would be a waste of time.

The inheritance left was over 10 million dollars and I think my father should try to fight for what by birth is rightfully his.

Can he lay claim, or is it just a potential waste of time and money to do so?


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## beffers (15 Sep 2011)

You mention dollars in your post. This is an Irish website that deals with financial matter for people living in, or who have connections to Ireland. Our laws regarding inheritance issues are different to those in the US, so I doubt if anyone here can help you. Sorry. 

However, if you typed dollar in error and your case is Ireland specific, then your father only has a case if your grandfather died without a will. If he did, under Ireland's intestacy laws, your father (and all of his siblings) are legally entitled to a share of the estate. If your grandfather did make a will (and if he was that rich, odds are he did) he can leave his property to whomever he chooses. His kids do not have an automatic right to an inheritance merely because they are his kids. That only kicks in if he dies without a will and the estate is divided amongst the deceased persons next of kin, of which your father would be one.


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## Deiseblue (15 Sep 2011)

Although the deceased is not obliged to make provision for children in his Will such children may make a claim on the Estate on the basis that the deceased did not fulfil his obligations to them.


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## hastalavista (15 Sep 2011)

timnlay said:


> I have just found out that my biological grandfather has passed away and I would like some direction.
> 
> My father was unaware this person was his father until just recently, although he had known him his whole life. They had quite a number of visits before my grandfather passed and had made somewhat of a bond.
> 
> ...



As pointed out: "birth is rightfully his" does not exist in law if will made.

Re: "selling off land and other things and putting them in her name ..."

Curious wording: was ur grandad party to this process?
If done within 2 years prior to death it can be challenged.

Was any child support/maintenance ever paid?

In general 
http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0117.html#sec117
is the usual section for a challenge


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## PaddyBloggit (15 Sep 2011)

OP appears to be US based *hastalavista* so Irish Law would be alien to them.


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## hastalavista (16 Sep 2011)

PaddyBloggit said:


> OP appears to be US based *hastalavista* so Irish Law would be alien to them.



I saw that but thought it worth adding the point as searches on this site, especially via google will not always start at first post in  thread.

Sure with Tim Geithner  in Poland today we might all be using greenbacks


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## Scotsgirl (16 Sep 2011)

I think before your father could make any claim he would have to prove that the man was his biological father. This could be difficult after his death.  DNA tests could be done with his father's siblings if they agreed, but if they know it's so he can claim on the estate they may not be so willing to help.


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