Inheritance Law Solicitor Cork and Midleton: A Challenge for Families

Inheritance Solicitor Cork and Midleton

What many children may not be aware of is that there is no absolute right under law that says offspring are entitled to inherit any of their parent’s estate. Karen Walsh of Walsh and Partners Solicitors LLP talks about a challenging part of inheritance law, as an inheritance law solicitor in Cork, her experience and in-depth knowledge is invaluable for families. 

In my article published in the examiner, I talked about a reader who was concerned about a woman that her father had recently started dating. The reader had a concern that this new partner could have some sort of claim on her father’s estate once he had passed. 

In Ireland, the Law Reform Commission have proposed alterations to the legislation with regards to inheritance and children. Let’s take a look at this. 

Inheritance Law, Wills and Estate Planning, Cork, Ireland

The most notable change proposed was to section 117 of the 1965 Succession Act. A child has no right to inherit a parent’s property or estate when they die, unlike spouses or civil partners who have prioritised rights in this case.

There is however an application process currently in existence that allows a child to make a Section 117 application to the courts if they feel they have not been adequately provided for in a last will and testament. This application allows the child to state that the parent has failed in their moral duty to provide proper provision for their care (in accordance with means).

Where an application like this arises, each case is assessed on its own unique merits. 

Prudent and Just

Inheritance Solicitor Cork, Midleton and Dublin

The new proposal is that this Section 117 application could be changed to accommodate only a ‘needs based’ approach. 

The proposal will allow for only three exceptions, allowing children only to make a Section 117 application in these circumstances:

(1) Where health requirements have not been provided for in the will. (Where long-term health issues are a concern)

(2) Where the child has put their own career, needs or life on hold to care for a sick parent. 

(3) Where sentimental value is of importance (and can be proven).

The Law Reform Commission are not seeking to remove section 117 applications, they are simply seeking to streamline the process to discourage unnecessary disputes and irregular or non-justifiable applications. 

Walsh and Partners LLP Cork, specialists in Inheritance Law

Irish courts may be faced with challenging questions if this proposed change comes into effect. Large assets will have to be carefully considered, are they really sentimental or is the vale the most appealing aspect here for the applicant. One could say that a farm, house or business holds sentimental value, in these cases this could cause challenges for the deciding court. The vagueness of ‘sentimentality’ requires clarification in order to assist the courts in these instances. 

There will be many unique circumstances to consider, all of which will uncover further clarifications required.  How severe do these health needs need to be to qualify for a S117 exemption? Can a child claim a S117 exemption if they simply live at home? This all remains to be seen for now.