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Ask Buachaill Your Own Question
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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A mother dies and leaves 15,ooo euro each to her 2 sons and

Customer Question

A mother dies and leaves 15,ooo euro each to her 2 sons and her daughter-in-law, 6,000E to her grandson and the residue of her estate to her daughter. one of her sons dies before her, what happens to his share. ?
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. Hello, under Irish law of succession, the gift to the son who dies fails and the money due to that son (15,000) goes into the residue of the estate. Essentially, under Irish law, a person has to be alive at the date of death in order to be able to take a gift in a will. Should a person have died before the testator (person making will) then the gift to that person who has died is not operative and fails. The gift does not go to the next of kin of the deceased person. Instead, the gift goes back into the estate and falls to be dealt with in accordance with the residue clause in the will. The residue clause is what details is going to happen to what is left over in the will after the specific gifts have been made. It usually begins "the remainder of my estate ...".
Expert:  Buachaill replied 1 year ago.
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