Unsure if will exists and how to establish facts around this?

[dublinidiot]

Sadly, a close relative of mine is about to die, in the coming days. It is a particularly stressful time for all and i'm hoping to get some information here to assist the family.

The relative owns a house (solely in their own name) but are living with a partner for 7 years. There is no marriage nor civil partnership in place.

There are no children from the relationship.

The relative is survived by a parent and brothers/sister.

However, the partner has asserted that there is a will leaving the house to them and when a copy was sought they are refusing to supply a copy to our family, nor advise who the solicitor is.

Is there anything our family can do at this time to establish if:
a. a will exists - and how could this be done to find this out
b. contest any aspect of the will tp leave the house to the partner given the coercive nature of the relationship in the last number of years.

Thank you.

 

[Premos]

If a will exist, you will be able to access it and will be entitled to see it after probate.

 

[dublinidiot]

Many thanks.

I suppose this is the conundrum. It's being asserted that a will exists. There is strong doubt that a will was ever made in this instance and no will exists.

Therefore if no will exists, i'm correct in thinking probate can never be done.

So if probate can't be done on a will that doesn't exist, how long before the family can move against the partner falsely asserting that a will exists? In short, how long must the family wait to seek what would be legally theirs if there is no will, but that it's being falsely asserted that there is!

Sorry if i'm not being clear here!

 

[ClubMan]

Therefore if no will exists, i'm correct in thinking probate can never be done.

If it turns out that no will exists then the intestacy rules of the Succession Act apply:

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.

www.citizensinformation.ie

Is there anything our family can do at this time to establish if:
a. a will exists - and how could this be done to find this out

Ask the close relative?

 

[ClubMan]

This key post may also be of use in this context.

FAQ - Rights of a beneficiary; Who is entitled to see a will? and related issues

I can't find a simple guide to this issue anywhere online and it seems to come up a lot. I am going to comile an FAQ from my general knowledge. I will ask the questions and give what I think are the answers. Corrections or fuller answers welcome. This is not a general discussion on making...

www.askaboutmoney.com

 

[DannyBoyD]

Partner would be well advised to marry; otherwise they have a significant tax bill to pay.

 

[misemoi]

If the will does not indeed exist, the partner would potentially be able to apply for a share in the estate due to co-habitation. So in either case the partner may end up with a share.

What happens to a deceased person's money and possessions?

How to get access to the deceased person's money and property, the rights of family members under wills and how property is distributed.

www.citizensinformation.ie

 

[ClubMan]

If the will does not indeed exist, the partner would potentially be able to apply for a share in the estate due to co-habitation.

Looks like that could apply here alright:

The relative owns a house (solely in their own name) but are living with a partner for 7 years.

Redress scheme for cohabiting couples

What is the redress scheme for cohabitants and who qualifies?

www.citizensinformation.ie

What are 'qualified' cohabitants?​

To apply for court orders under the redress scheme, you must be a qualified cohabitant. This means you must have been:

• A cohabitant (living together in an intimate and committed relationship) for at least 5 years, or
• A cohabitant (living together in an intimate and committed relationship) for 2 years if you have had a child with your partner

 

[ClubMan]

Partner would be well advised to marry; otherwise they have a significant tax bill to pay.

That would make sense from the surviving cohabiting partner's point of view alright, but sounds like the original poster and family probably don't want that to happen?

b. contest any aspect of the will tp leave the house to the partner given the coercive nature of the relationship in the last number of years.

And maybe too late in any case?

Sadly, a close relative of mine is about to die, in the coming days.

 

[DannyBoyD]

original poster and family probably don't want that to happen

Its not their decision to make.

Last minute marriages are not unknown and will often be facilitated.

 

[ClubMan]

Its not their decision to make.

I know. But I don't think that they're going to be in a rush to tell the family member's cohabitating partner that it may be in their best interests to get married before the person dies.

Last minute marriages are not unknown and will often be facilitated.

Don't all marriages require three months notice?

Notification requirements for marriage

Before you get married in Ireland, you must take certain steps in order to be legally entitled to marry. This page explains this process and how to give your ‘notice of your intention to get married’.

www.citizensinformation.ie

Oh, maybe an exemption would be possible in these circumstances?

Marriage Exemption | The Courts Service of Ireland

courts.ie

 

[Dr Strangelove]

Don't all marriages require three months notice?

Not in urgent circumstances. If you can prove a serious illness the waiting period can be waived.

 

[DannyBoyD]

don't think that they're going to be in a rush to tell the family member's cohabitating partner that it may be in their best interests to get married before the person dies

Indeed. But perhaps, they (or someone in similar circumstances) are reading this.

 

[JoeRoberts]

It is a bit early to be seeking a copy of the will.

 

[ClubMan]

It is a bit early to be seeking a copy of the will.

Yes, that was mentioned already. And, in any case, nobody other than the executor/administrator has a right to see it before probate has been processed.

 

[TomEdison]

Partner would be well advised to marry; otherwise they have a significant tax bill to pay.

If the person concerned is too ill to be able to tell family members whether they made a will and, if so, where it is, then they are certainl too ill to marry.

 

[DannyBoyD]

too ill to be able to tell family members whether they made a will and

No indication from OP that they've were asked.

....certainl too ill to marry.

Thats a question for medical professionals. Hospital bed marriages are not common, but are facilitated.

And, again, others in a similar position may be reading this.

 

[TomEdison]

No indication from OP that they've were asked.

Well, it would be the blindingly obvious way to establish whether the OP's relative had made a will. We're told that the relative is "close to death" so presumably the reason they haven't been asked is that they are too ill to understand the question or to articulate an answer — they are physically unable to communicate or they lack the mental capacity to do so. And either of those would be a bar to marriage.