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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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in my Auntie Marys last will and testament, she left me her

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in my Auntie Marys last will and testament, she left me her farm and house, the condition was that I get married and live in the house within one year of her death, the year has passed and I haven't married or moved into the house, have I for fitted my right to the estate?

Buachaill :

1. At the outset, you need to realise that not all conditions attached to a gift in a will are valid. Secondly, even if the condition is valid, as it probably is here, then a court can grant relief against it being enforced.

The Court has the discretion to grant relief against a condition or against the forfeiture under a condition in circumstances where it would be unfair for a beneficiary to be expected to comply with a condition. A Court may grant such relief if:

  • performance of the condition has been prevented by the executors or other interested parties;

  • a beneficiary is unable to comply with a condition through no fault of their own;

  • the condition is in the nature of a penalty.

The Court may also grant relief where a beneficiary has not complied with a condition within the time required by a testator.

Buachaill :

2. So you should not just give up because you have not married within the year and moved into the house. You can still move in, and ultimately get married when you want. However, in the meantime, you can simply seek relief against the forfeiture by making clear that you have not complied with the condition through no fault of your own and make a court application preserving the gift for you. Be aware that a court will probably sever the requirement that you move into the home, declaring it valid, whilst allowing you to avoid the issue of getting married within a year. So you should seek to move into the home in the meantime.

Buachaill and other Republic of Ireland Law Specialists are ready to help you