“My current predicament might be somewhat out of the ordinary. Unfortunately, my stepmother has sadly bequeathed me a significantly smaller portion in her will compared to the other remaining beneficiaries, which include my sibling and her biological children.
It’s well-known that I’m an adoptee, a fact that wasn’t unheard of in my stepmother’s era. The creation of this will, post my father’s death, has taken me by surprise. My father, throughout his life, never indicated any desire to differentiate among us in terms of inheritance, particularly between me and my biological sibling.
During his declining health in later years, I was the active caregiver amongst his offspring. I’m curious to find out if there’s a potential route for me to contest my modest inheritance share from this will? The guidance I’ve found online regarding applying a section 117 appeal has been quite ambiguous and lacks clarity due to my non-blood relation.
Given the large number of adoptees during Ireland’s 1950s & 1960s, this question seems apt. Our rights can often appear unclear or non-defined.
Any input would be greatly appreciated, whilst acknowledging that I’ll need an expert’s guidance in the long run to handle this situation.
Ms T.R.
To summarise, minimally, sourcing professional counsel will be indispensable to your decision to dispute your stepmother’s will. However, there’s some pertinent factors to consider.
As you mentioned, your circumstances are slightly unique. As far as I gather, you were adopted by your biological father (and his previous wife or partner?), who also had their own biological offspring. Your father, later in his life, took your stepmother as his spouse and apparently had children with her. Although it’s unclear if all your stepbrothers or sisters share the same parents. Whilst rare, such familial structures are increasingly being witnessed as society evolves.
There are indeed distinct inheritance rights for a stepchild compared to an adoptee, given there is no existing will- i.e., intestacy. However, as I interpret, both your father and stepmother made wills, making this irrelevant.”
It’s understandable why you could be feeling wronged, considering the equal treatment of all offspring including stepchildren, except for one individual, given everything else being balanced. Although, it’s important to consider the potential social and financial consequences of a legal challenge. Success isn’t assured, and legal recourse isn’t inexpensive, despite the possibility of the estate covering the cost of a victorious challenge, and it runs the risk of causing irreparable damage to familial ties.
You noted your stepmother’s will was a new document drafted following your father’s demise. You were taken aback by this because your father never indicated that he regarded you differently from his other kids.
While that might be true, it was your father’s decision on how his estate should be divided upon his death. His interpretation of his family and relationships wouldn’t necessarily restrict your stepmother’s decisions when it comes to her own will. It’s crucial not to mix up or confuse the two situations.
Typically, there’s no immediate right to an inheritance through a will, the exception being a spouse who is entitled to what is called a legal right share. This implies that if there are no children, the spouse has a legally enforceable claim to their deceased spouse’s estate, irrespective of the will’s contents. The stake drops to one-third when there are children.
However, there’s no implication that the legal right share is relevant in this situation. You haven’t shared insights into your father’s will at the time he passed before your stepmother, but it’s not unheard of for the entire estate to be passed to the surviving spouse. This is a recurring practise in Ireland, especially for tax benefits as inheritance tax isn’t due on assets left to a spouse.
That being said, it’s becoming more common for individuals with amalgamated families to make special arrangements to ensure their biological children’s needs are catered for when they’re no longer around. There’s no legal duty to do this, but instances like the one you’re facing could stir misapprehension and resentment, underlining why thinking over such a strategy could be beneficial.
You brought up section 117 of the Succession Act. This clause allows for a child to contest a will, claiming that a parent has “neglected their moral obligation to make proper provision for the child in line with their resources”, whether through their will or in other ways.
This area of law is multifaceted and the court has extensive discretion. By initiating a lawsuit, the complainant – in this regard, you – bears the responsibility of demonstrating unfair treatment in the will. The initial crucial factor is filing any objections within six months of probate as any delay will prevent a hearing, thus time is of the essence.
The court will scrutinise your stepmother’s entire estate, as well as the age, economic standing and future prospects of you and her other offspring, including any provisions awarded during her lifetime, from the perspective of a thoughtful and equitable parent. The court has the liberty to consider “any other conditions that may help in making a decision that is as balanced as feasible for the child to whom the application pertains and for the other children”.
If everyone is generally in equivalent circumstances – and if your sibling, your mother’s other stepchild, is treated equally with her step-siblings but you aren’t – it is conceivable that the court might opt to modify distributions under the will. While it possesses sweeping authority in this domain, there is no guarantee. The fact that you provided full-time care for your step-siblings in their last years could play a significant role, particularly if it meant you forwent other opportunities, such as employment or education.
You should ponder whether, given the unpredictability, expense, and potential familial fallout, it’s worth the gamble of a legal contest. There’s a crucial ambiguity that you need to resolve – whether as a stepchild you can proceed with a section 117 appeal.
Within the legal community, there is considerable disagreement over this, even amongst specialists in this subject. Some vehemently state that “the definition of a child [under section 117] comprises adopted, non-marital, foster and stepchildren”. Conversely, others assert that “adopted children can initiate section 117 proceedings against their adoptive parents but not their biological parents, and neither stepchildren nor foster children can apply under S117”.
The absence of explicit legal precedent on this matter doesn’t necessarily indicate a lack of applicable case law elsewhere. It’s notable how the references to stepchildren concerning section 117 are few and far between. This lack of attention seems to echo your sentiments regarding how easily such groups can be overlooked, particularly in the context of modern blended families. There’s undoubtedly a need for increased concern from legal practitioners in this area. If even those who are experts in this field can’t reach a consensus, it’s clear that an initial verification is required before we make further move.