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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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The last of a family dies. They have no children and none never

Resolved Question:

The last of a family dies. They have no children and none never married and all thats left are cousins. Is it true that only the 1st cousins are classed as next of kin and are the only ones that have entitlements and have the children of the deceased first cousins any entitlements at all.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. The solicitor is correct here. When determining connection under the Irish Succession Act, 1965, it is the nearest in consanguity or blood relationship which take the estate of the deceased. Accordingly, if there are no children, then it is first cousins who are next in line. It is only if there are no first cousins, that other cousins, such as second cousins can take. Accordingly, cousins of the deceased's first cousins are two blood relationships away from the deceased, whereas first cousins are only one blood relationship away and they take in preference to second cousins. So only the first cousins have any entitlement to the estate here and this means that the estate will be divided equally among them if there is no will and no children.
Customer: replied 1 year ago.

Dear Buachaill

Is there any circumstances where a case can be made for a second cousin that the deceased had named them as next of kin in the hospital before a first cousin?

Can the second cousin claim for expenses for all the years that they helped the last deceased against the estate

Regards

Pat

Expert:  Buachaill replied 1 year ago.
2. Dear *****, the second cousin can claim for expenses for all the years he helped the deceased, such as doing unpaid work for the deceased. However, in order to make a successful claim, it would have to be itemised and show precise dates. A claim can be made against the person who extracts letters of administration to the estate. The first thing that can be done is to send a demand in an itemised format of the total claim against the estate for all the help and unpaid labour provided. Should the demand not be met, then the estate should be sued for the monies outstanding.2. Oral representations to a second cousin made in a hospital cut no ice in law. The only form of will recognised is one in writing with two witnesses present witnessing the signature. People who make oral representations are taken in law to be leading on whoever the representations are made to. So that is why words are not valid to create a will. The onus was on the deceased to make a proper will with a sjolicitor if he wished the second cousin to benefit.
Customer: replied 1 year ago.

Dear Buchaill

Thanks for the information just wondering if for some reason a will did surface and the second cousin was not named could they object on any of the three

1- not in sound mind.

2- made under pressure

3- promised that they would be the main one looked after for what they did for them

I take it no 1 and 2 would be of little use as they would not be entitled because of been second cousin any way to anything and that would leave no 3 and would this be ruled out because of second cousin.

Trying to preempt your answer would you be saying that if the deceased told the second cousin that, then they would have named the second cousin in the will, but a question might hang over 1 & 2 especially 2 that would rule that out of happening leaving us with 3 only

Regards

Pat

Expert:  Buachaill replied 1 year ago.
4. The third option here is possible. It is possible to allege detrimental reliance upon a promise to look after a deceased person, in which the young person worked for nothing on the farm. There have been several cases in the farming sphere where a young man went a worked on a farm for fee in reliance upon a promise that the farm would be left to them upon the death of the owner. these claims have succeeded. The essence is that the young man acted to his detriment in reliance upon the representation that the farm would be left to him. The cases have involved a high degree of involvement in the farm of the deceased. So here if you did a lot of work on the farm of the deceased for nothing in clear reliance upon an assertion that the farm would be yours after this man's day, then you certainly can seek to take the farm on the basis of a constructive trust. If this is the case, I would advise you to speak to a solicitor and set about challenging the fact the farm was not left to you.
Customer: replied 1 year ago.

Dear Buachaill

I would like to thank you for all your advice. Its the first time I have used this service and its brilliant. I will have to come back to you on another occasion when I have the money.

That question is on an order that was issued by a judge in the high Court that vacated all the Defendents instead of the one Defendent in a case who took the motion and it was never checked till a new solicitor took over the file years latter.

The President of the High Court came down in support of the former solicitor recently even do the order said all Defendents he interpreted that it should have meant the one Defendent and this has consequences in general if its not challenge in the court of appeal as any order might not mean what they are supposed based on this ruling.

we are looking for a case or cases that may have challenged such a ruling in the past we can quote in our appeal that would support once a order is issued and has not been perfected knowing that it is wrong at the time then that order should stand as it is written. You might keep it in mind and I will be back to you soon.

Regards

Pat

Expert:  Buachaill replied 1 year ago.
5. Dear *****, you will need to act quickly to appeal this change in the order to the Court of Appeal, if that is what is needed. Be aware that there is only a 21 day appeal period, although that can be extended provided an intention to appeal was formed within the 21 day period.
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