Freedom to Leave Assets by Will To a large extent, a person is free to leave his assets to whomsoever he wants. This freedom is subject to the legal right share of a spouse or civil partner and the right for children to apply to the court, where the deceased has failed in his moral duty to make proper provision […]
Nature of Will A will is a document made by a person directing to whom his property and assets shall pass upon his death. Any document that deals with the transmission of property to take effect on death is a Will, even if it is not labelled as such. A document signed as a will must be intended as such. […]
Overview Countries take different approaches to the extent to which a person is free to dispose of his assets on death. In France and some other continental countries, high mandatory shares of the deceased’s assets must go to his children. It is difficult to defeat this right, even by lifetime gift. It is only in recent times that spouses’ mandatory […]
Rights of Children Children do not have an automatic right to benefit from the estate of their parents. A parent ay choose not to give particular children or indeed any of his children, any benefit at all. Even where the spouse has not survived, it children have no entitlement to any share. The Courts will only intervene and make provision […]
Apply at Death There are well-established principles of interpretation of wills. It takes effect at the date of death and applies to the assets and liabilities of the deceased at the date of his death. A will is interpreted in light of the circumstances which prevail at the date of death. It does not matter that the will was made […]
Intestacy When a person dies without a will, he or she is said to die intestate. An “intestate” means a person who leaves no will or leaves a will but leaves undisposed of some beneficial interest in his estate, and “intestate” shall be construed accordingly. The Succession Act sets out who inherits the assets of a person who dies intestate. […]
Equitable Principles A binding contract may override wills and Succession Act rights. In the family context, the requirements for a contract, in particular the requirements for writing in many cases, will not be met, even where promises are made and acted on. The Irish courts have been willing to find that equitable rights may arise in a succession context, which […]