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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10954
Experience:  Barrister 17 years experience
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General enquiry Myself and my Husband are married 7 years

Customer Question

General enquiry Myself and my Husband are married 7 years and we have two children boy age 3 & girl age 6 My husband has two kids out of marraige , to two different woman one night stands which he has no dealings with both aged 21 yrs old just want to sort things out as my best friend died there on sudden death 6 weeks ago and it has made me aware we should organise are will , My main concern is that our two children are looked after , we have a house that we rent out and then also the one we are living in , can you please advise me as to what we need to do , so that it can be put in place can my husbands children be entitled to contest our will if they were not mentioned , can you please advise.wont except my email it is [email protected] did use this site before thats why it saying aleady used ???

Submitted: 4 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 4 years ago.

Buachaill :

1. At the outset, you need to realise that your husband's two other children could contest his will if they are not named or given something in his will. This is because s.117 of the Succession Act 1965 gives a right to all children to claim a share in a parent's will where that parent has failed to make proper provision for them. Accordingly, your husband's will should seek to make some provision for these other two children as well as making ample provision for your two children and for you. To give you some idea of how much should be left for the children, consider what would happen if your husband died without making a will. In such circumstances, two thirds of the estate would go to you, his wife and the remaining one third of his estate would be divided equally amongst the (four) surviving children. What is important is that each of these two children are given something and not left with nothing.

Buachaill :

2. Be aware that you have no obligation to make any provision for these other children of his in your will. You can leave whatever share you may have in the two houses to your own two children. I would also recommend that you ensure that your name is on the title deeds to the family home. This will also safeguard your position if your husband does decide to leave at some time in the future. So you should look on this as an opportunity not only to provide for the situation if one of you dies, but also to provide for a situation where your husband might leave with some woman with whom he has a child.