Succession act query

[Shelby219]

I am not sure has this been answered before, but if an adult child(beneficiary) dies before their remaining parent (Testator) and is a named beneficiary in the will, do the children (issue) of the beneficiary receive their share of the will whenever the grandparent dies , as if the beneficiary has died after the Testator?
I have read section 98 of the succession act and I think it does but would like someone who is familiar with it to confirm or is it better to actually ask a solicitor?
So Testator= grandparent
Beneficiary= parent
Issue= children
Is that correct

 

[Early Riser]

This extracy from from an IT answer (28 March,2023) might help:

"Q. My auntie passed away and left a will she wrote in 1994.

She left her four siblings 20 per cent, 10 per cent, 10 per cent and 10 per cent each. Three of them – who were given 20 per cent, 10 per cent and 10 per cent – all passed away before her and they all have living wives and children. The other 50 per cent has been left to all four of their children.

What will happen now with the money left to the three deceased siblings?

A.
...... This falls squarely into something called the “doctrine of lapse”. This is set down in section 91 of the Succession Act 1965, the legislation that governs inheritance in Ireland.

Doctrine of lapse determines that where someone dies before they inherit, anything they were due to inherit goes back into the estate of the person who had left it to them. There is no provision in law for the portion of the estate left to a now dead sibling to pass on to that sibling’s partner/spouse or their children – unless that specific intent in stated by your aunt in the will.

The one exception here is that if she had left something to her own child – as against a sibling – and that child had predeceased her but left children of their own. In that case, the grandchildren will inherit what was intended for the child. But there is still no provision for the child’s partner or spouse to inherit in their place."

Aunt’s will left a share of estate to siblings who died before her

Q&A: What happens when someone dies before they inherit depends on the wording of the will and the precise circumstances

www.irishtimes.com

 

[Shelby219]

This extracy from from an IT answer (28 March,2023) might help:

"Q. My auntie passed away and left a will she wrote in 1994.

She left her four siblings 20 per cent, 10 per cent, 10 per cent and 10 per cent each. Three of them – who were given 20 per cent, 10 per cent and 10 per cent – all passed away before her and they all have living wives and children. The other 50 per cent has been left to all four of their children.

What will happen now with the money left to the three deceased siblings?

A.
...... This falls squarely into something called the “doctrine of lapse”. This is set down in section 91 of the Succession Act 1965, the legislation that governs inheritance in Ireland.

Doctrine of lapse determines that where someone dies before they inherit, anything they were due to inherit goes back into the estate of the person who had left it to them. There is no provision in law for the portion of the estate left to a now dead sibling to pass on to that sibling’s partner/spouse or their children – unless that specific intent in stated by your aunt in the will.

The one exception here is that if she had left something to her own child – as against a sibling – and that child had predeceased her but left children of their own. In that case, the grandchildren will inherit what was intended for the child. But there is still no provision for the child’s partner or spouse to inherit in their place."

Aunt’s will left a share of estate to siblings who died before her

Q&A: What happens when someone dies before they inherit depends on the wording of the will and the precise circumstances

www.irishtimes.com

Thank you, another question you maybe able to with is I in relation to Power of Attorney , what happens if the person with Power of Attorney dies and the person that appointed them is not deemed able to appoint some one ?

 

[Early Riser]

Thank you, another question you maybe able to with is I in relation to Power of Attorney , what happens if the person with Power of Attorney dies and the person that appointed them is not deemed able to appoint some one ?

The short answer is don't know.

But when creating a Power of Attorney it would have been possible to nominate a substitute as well as the main person designated to act as Attorney. If this was done then the power can be passed to the the substitute. In the absence of this having been done then my guess is that the Power of Attorney lapses. In that event I would suggest contacting the Decision Support Service who should be able to give some guidance. One possibility might be an application to appoint a Decision Making Representative under the new Assisted Decision Making Act : https://decisionsupportservice.ie/services/decision-support-arrangements#section_3

And/or speak to a solicitor.

 

[Orla73]

Hi
The donor can nominate more than one attorney, and also nominate a Replacement attorney in the dss application.

Im going through the process at the moment with my mam.

It is not an easy process.. my 83 year old mother doesnt have an email address, mobile. And they are needed for dss portal. As ill be attorney, i couldnt use my email. Dss agent v helpful and advised a few things like this.

I contacted a number of solicitors for quotes on the new epoa process.
1 declined
1 advised they would do all of it only ( id already spent too much time setting up email, gov id, and dss accounts and completing the application to agree to starting over)
1 advised they have queries with law society And declined
Various - have not returned my call/emails

1 has quoted
If they do the full process with DSS online application Through to interview and sign legal statement. 1000e

500e if the dss process done by donor. They will do interview and sign form.

Meeting solicitors soon.

Be interested to see how Others progressing the new dss way!

 

[hazelgreen]

With regard to children of a beneficiary who is deceased before the testator, it would be usual to specify that the share would go to them in the original will and also the spouse of the deceased child can be excluded or not. Another example is that the share of the deceased child would go to the estate of that person ... and so be distributed according to their will. A properly drawn up will would tease out such details.

 

[Bronte]

I inherited from a grand parent this way. Grandparent left life interest in property. Balance to the children. Including my parent. My parent died. Then life interest holder died. My parents children received the share of our parent. Because we were the children of a deceased parent.

 

[MOB]

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