bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Keeping my "ex" away from inheritance

Text Question: I have a question for the Solicitor but must remain anonymous. I am separated a number of years with no legal agreement. How can my father leave me or my children an inheritance without my ex getting his hands on it?

The first thing I would say to this listener is that a will although properly signed does not come into operation until the person who makes the Will  (the Testator) dies.  If this listener’s “ex” is a former partner and they were not married then she has nothing to worry about.  If on the other hand they were married they should get a legal agreement in place before her father passes away and the agreement should contain a waiver of any future claim on the assets of the other.   Unfortunately with Family Law agreements even though they may be signed, it is not guaranteed that the Law will see them as final – for example, if this listener’s “ex” were to fall on really bad times he might have the right to ask a Court to review the legal agreement particularly if this listener came into a windfall and she found herself much better off and able to pay maintenance. That said, this listener should get the agreement and waivers in place as soon as possible.

 

If you want more information about Wills and Estates, please check out the other answers given on www. radiosolicitor.ie or click here for links to previous NewsTalk answers and other items on the subject.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.