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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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In a situation where man has died tragically having two daughters

Resolved Question:

In a situation where man has died tragically having two daughters with his live in partner are those two children aged 14 and 10 obliged to pay legal costs to have their inheritance recognised
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Your question is unclear as to what you want to ask. There are no legal costs payable by beneficiaries under either a will or under an intestacy (no will) situation. Once these two daughters are shown to be his children, such as by production of their Birth Certificate, then they inherit. Be aware that the partner has a right to apply under the 2011 Civil Partnership & Rights of Cohabitants to get the equivalent of a legal right share of her former partner's will. In this way, the division of the estate roughly equates with that of married couples and their children. If you want to provide any more detail, then I will clarify any further points you raise.

Customer: I am the father of the young man (32) who died tragically after fracturing his leg when the scr collapsed ,after a no. Of weeks of chest pain and failure of the treating dr my son died of a pulmonary embolism.The question of who should inherit his estate consisting of app.40k his pension and his house(mortgage free)all to the value of 250k is now to be solved. The partner who lived in the house and was a good
Buachaill :

2. Was there a will?

Buachaill :

3. If there was no will, then it is akin to a married man dying. The wife gets two thirds and the two children one-sixth each. The wife would have to go to court to get her two thirds share in the absence of agreement with the person who extracts letters of administration to the estate. However, as the partner will get her legal costs paid from the estate of the deceased, forcing the partner to go to court will only deplete the amount of money for everyone. So I would recommend agreement. You can consider taking out letters of administration to your son's estate and set the thing in motion.

Customer: No will
Buachaill :

4. Then the best course would be for you to extract letters of administration so that the estate gets admitted to probate. Then seek the partner's agreement that the estate will be split as if she were married with her getting two thirds. I would suggest you let the partner appropriate the house for her share with the money going to the kids and the pension shared. That would be treating the partner akin to a married woman.

Customer: If I were to go to court it would be on behalf of the children to seek monies for their future studies and ensuring that the children have a written right to and a legal say in the disposal of their family home At all times I stressed that I didn't want to re
Customer: reduce the estate value to the detriment of the beneficiaries. In the instance where legal costs are to be determined the costs can only be apportioned to the partner as the children are both juveniles.During discussions with the children and solicitor for the children appointed by the partner, s mother counsel advised negotiating
Customer: mother advised negotiating however at no stage did anyone state what the costs would be to the children which was the reason for my initial query
Buachaill :

5. The costs to the children will come out of the estate of your deceased son. No one stated this because this is the way all the lawyers get paid. You need to consider whether paying part of the estate to the lawyers justifys seeking to assert the children's rights in this fashion.

Buachaill, Barrister
Satisfied Customers: 10403
Experience: Barrister 17 years experience
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