# Inheritance: grandchildren have inheritance rights after the father has passed away?



## caoilann (16 Sep 2007)

Sorry if this is in the wrong thread had a look but wasn't sure!

does anyone know if the paternal grandchildren have inheritance rights after the father has passed away i.e father passed away before both his parents?

once the father parents die do his children have inheritance rights on the fathers estate same as his living siblings hope that makes sense?

Txs a mill


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## Vanilla (16 Sep 2007)

*Re: Inheritance*

If grandparent dies without a will leaving children and grandchildren ( ie children of a deceased child), those grandchildren will be entitled to their parents share divided between them. If there is a will it depends on wording.


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## caoilann (16 Sep 2007)

Thanks will speak to my solicitor this week to clarify.


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## Mel (18 Jan 2013)

I know this is an old post, but thought it might be good to keep similar topic together. 

What are a child's inheritance rights if they are not included in a grandparent's will, and their father is living? 

The situation is a child that has not been adequately provided for by their father in terms of maintenance etc. throughout their life.

If a paternal grandparent passes away, does the child have a right to any of the estate or is it limited to parents? 

If they do, is there a statute of limitations and how would they proceed to exercise any right?


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## Bronte (22 Jan 2013)

Grandparent alive, son alive and grandchildren.  If the grandparent dies without making a will then the son will have a legal entitlement, if there is a will giving nothing this is allowed as parents do not have to make provision for their children, but can be contested by the son.  And that's costly to the estate.    

If the son were dead before the grandparent, and there was no will, the grandchildren get their fathers legal right share.  

The fact the son is a bad parent is not relevant.  I don't think I've ever heard of a case of grandchildren disputing a grandparents will.


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## Mel (22 Jan 2013)

Thanks Bronte. 

If there were other grandchildren who had been willed a share would it make a difference? 

Or should the child be looking to make a claim on the neglectful parent's inheritance now that they have some money in hand? 

The situation is hypothetical but trying to make provisions for the future.


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## Bronte (22 Jan 2013)

Mel said:


> Or should the child be looking to make a claim on the neglectful parent's inheritance now that they have some money in hand?


 
If the neglectful parent has inherited and has not paid maintenance, then it would seem that a order of maintenance is what should be sought.  Maybe a court would order a payout of a lumpsum to the child if the father could afford it.  For this you need proper legal advice from a solicitor.  

Even with all this the father could have it dissapated long before a court date.  People who don't want to pay up have an amazing ability to avoid their responsiblities.


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