What are the rights for kids of first marriage?

M

misse

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Marraige with 4 children breaks down. Father remarries/co habiting and has 2 more kids to second relationship. Prior to the end of 1st marraige father buys 4 properties in joint names with new partner. One is the family home to the second family.

If he dies what rights do the kids from first marraige have if any?

If he makes a will leaving everything to the second family can the kids of the first marraige contest it?
 
Re: What are the rights for kids of first marraige?

Yes they can. The laws have changed in Ireland so the children from the first marriage have exactly the rights as the children from the second. I actually know a girl who contested the will of her father who she had never met and she won her case and got the same % as the children from the marriage
 
Re: What are the rights for kids of first marraige?

Klesser, how have the laws changed with regard to the children of the first marriage? I know they changed with regard to illegitimate children and adopted children but wasn't aware of the legitimate children of two marriages being treated differently.

Children have a legal right share where there is no will.

Where a person makes a will they have no strict obligation to provide for their children but a challenge to the will can be brought on the basis that the parent failed in their moral duty to provide for their child.

However if all the properties are in joint names (joint tenants) then they won't form part of the estate anyway and will automatically pass to wife #2.
 
Yes your right stifster, the case I mentioned the girl was born out of wedlock so different senario.
 
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