# Inheritance Rights - Children from first Marriage



## davef27 (11 Apr 2010)

Hi,

I hope someone can give me a bit of advice.

My father has passed away and my mother is remarrying. My mums new husband is divorced and has four children from his previous marriage.

My mother wishes for the house which she currently lives in which is in her sole name to be left to me and my brother after her death and a right of residency for her new husband.

It is my understanding that if my mother was to predecease her new husband under law he would be entitled to 1/3 of the estate regardless of whats stated in a will or any documents signed or agreed to prior to marriage.

My question is do his children from his first marriage have any inheritance rights from him in relation to my mother home if my mother was to predecease him.

My mum is thinking of signing house over to me and brother prior to them getting married for these reasons and also because then house would not have to be used to fund care for either of them in the future if required.

If she was to sign over house would there be any costs involved as it would not go over my brother or my inheritance or gift threshold.

Neither my brother or i are living in the family home.

If anyone can understand the complex situation outlined above and could offer advice it would be appreciated.

Advice, suggestions would be appreciated.



Dave


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## mercman (11 Apr 2010)

This is Complex issue at the best of times and now it is becoming very personal and very complex. Would you not ask a solicitor for precise answers rather than a public forum. There are plenty of solicitors that post on AAM or try using the brief that dealt with your late father's will.


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## j26 (11 Apr 2010)

Hi Dave,

You're right, the husband would be entitled to 1/3 on an intestacy, but worse (from your perspective) even if a will is made, the husband would have a right to elect to take 1/3 of the estate under Section 111 of the Succession Act, 1965, so if he was left nothing he can still claim 1/3.  Accordingly if he exercises that right, then his share would go to his estate on his death, and presumably to his children.

If you mother doesn't want this to happen, it would be prudent to transfer the property to you and your brother subject to a right of residence in favour of herself and her new husband prior to the marriage.  It's a relatively straightforward transfer, and any competent solicitor could handle it.  It would be no harm to get the husband to endorse his consent on the deed as it prevents misunderstanding in the future.  If done after the marriage, his consent WILL be required as it will protected under the Family Home Protection Act, 1976

As to costs, the only direct cost would be the legal fees, and Stamp Duty (check with Revenue), but in the longer term, you have to remember that you will be the owner of the property and responsible for maintenance, insuring it etc (in fact your mother may not be able to insure it).


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