My deceased fathers will

B

beau

Guest
Hello, i am looking for some help regarding my fathers will. Basically, he hadnt updated (was written a long time ago) it since his second divorce (5 years ago), and his ex step children are equal beneficiaries to myself. So his ex family will get more than his real child, me, and my children. Firstly, is it void of certainty due to the wording; in the will it is written 'my step son...... and my step son......'. They are no longer step children since the divorce, so is the will valid? Secondly, is there any other way that the will is worth contesting? eg failing in his moral obligation to look after his child, or some such?? I was close to my father, but his death was sudden and unexpected.

Thank you
 
Did your father get married after making the will? if so I believe it will be revoked by a subsequent marriage.
This sounds like a very complex situation on which you should consult a specialist solicitor.
Oh and by the way are you talking about an Irish situation?
 
No he didnt remarry unfortunately. And yes, its an Irish situation. Thanks for the reply.
 
Does anyone else have an opinion on this?

I had a thought today, could i bring a challenge on my childrens (my fathers grandchildren) behalf? Saying that if ex step children can get something, then so should they?
 
The only person who has a right to be considered under a will is a spouse. In exceptional circumstances a child could possibly make a case under s.117 (I think). But grandchildren - no.

Fundamentally (other than responsibilities to a spouse) a person can leave their property to whomever or whatever they want.
 
There is no absolute right to an inheritance for an adult child in Irish law, unless there are extenuating circumstances.

I would suggest that you need specific legal advice on your circumstances
and the details of your fathers will.
 
I am grateful for your input Putsch and Huskerdu, i guess i am grasping at straws, but thanks anyway.

I'll find a specialist solicitor.