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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10949
Experience:  Barrister 17 years experience
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My husband and I are separated, we own several rental properties

Customer Question

My husband and I are separated, we own several rental properties all in joint names,,some with mortgages. Can he make a will leaving all his interests toanother party or person?
Submitted: 5 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 5 years ago.
1. Until such times as there is an order made as part of a separation order revoking all succession rights, or until such times as you both divorce, your husband has to give you a legal right share if he makes a will (one third) or you are entitled to a half share if he leaves no will, in these properties. However, once succession rights are revoked as part of a separation order or if you divorce, then you loose your entitlement to a legal right share. But until then you have succession rights. Accordingly, your husband can currently leave two-thirds of his interests in the properties to another party if he makes a will.
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