I’m part of a family unit of five members. We lost our mother nearly a decade ago. With our father nearing the age of 72, he has recently found love in a woman who is about a decade younger than him. They crossed paths not quite a year ago and already they’re plotting to tie the knot this coming September. It’s evident to most that she has her sights set on his estate and wealth right from the start. Our father, however, seems to be blinded by affection, and she seems to have him dancing to her tune.
The question arises: assuming our father refrains from altering his will or including her in it, does she stand to inherit everything should he predecease her? If she were to divorce him, would she then claim half of the assets? Even if all such assets have been acquired by our father? Would a prenuptial agreement be necessary? In its absence, can she strip him of all his assets?
Ms SP
It appears there’s a significant amount of discontent in our familial circle regarding the latest development in our father’s life journey. But I believe we first need to consider his state of being.
He mourned the loss of his spouse eight years ago, a period that must have been full of turmoil for him, particularly if she was ill for a while before. Like most suddenly single individuals of a certain age, he might have presumed that his chance at amour was over. Yet with this new woman in the picture and the wedding bells soon tolling, it’s safe to say he appears content.
Realistically, he’s got another decade of life on average and there’s no reason why he shouldn’t enjoy these years to the fullest. Assuming he is neither vulnerable nor incapacitated, and he’s able to make decisions independently like you or any other person, this should be seen as a moment of joy, not anxiety.
Could he be fooled by someone with hidden agendas and pranked by love? Surely, that’s possible, as it is for any individual in their teens, 20s, 30s and all ages. However, if it were to be a blunder, it would be his blunder to commit.
Based on the previous text, there appear to be two separate matters at hand. Evidently, yours is a concerned family unit, with you and possibly others being apprehensive about the decisions your father may make, which he may come to regret. This fear is quite normal within family dynamics. However, an inescapable aspect of adulthood is the freedom to make personal decisions. Regardless of others’ apprehensions, in the end, all they can do is to provide a supportive presence, if the need arises.
The subject of inheritance is also complex and potentially contentious, especially in Ireland.
Considering the age of your father, it can be inferred that you, along with your four other siblings – inferring from your reference to a family of five – are all independent adults. Typically, as such you have no legal rights over his will.
It is quite common for individuals to leave an inheritance for future generations, but it isn’t always practical or wise. A person’s primary responsibility lies in managing and using their own accrued wealth.
In Ireland, there’s an assumption that families should inherit and that parents ought to judiciously manage their assets in their twilight years to prevent wastage. This expectation, in my view, is peculiar and somewhat unsettling.
Returning to the matter of your father’s will, it’s important to understand that any existing will becomes null and void if your father decides to wed the woman in question. As such, the provisions of the current will no longer hold relevance. The only exception being if a will is specifically devised with the impending marriage in mind, which doesn’t appear to be the case in this situation.
Thus, should he decide to proceed with the marriage, it’s imperative he drafts a new will, as should she.
If he passes away before her, she does not have any entitlement to his assets. While it’s common for married individuals to pass their assets to their surviving spouse, primarily for tax benefits, it’s not a given. Therefore, it’s something they could agree upon.
From my dealings, when a second relationship involves children from a previous relationship or marriage, this arrangement is typically less common.
A spouse is permitted by law to receive a certain portion of their deceased partner’s assets, despite what the will might stipulate, unless they have formally renounced such rights, perhaps within a prenuptial agree or similar document. If no children are involved, the surviving spouse is entitled to half of the deceased’s estate; if there are children, the amount reduces to one-third. The same principle applies regardless of the spouse’s gender.
This works only if the individual had a legitimate will at the time of death. If a person marries but fails to create a new will, the law deems the person to have died intestate. In such a scenario, the remaining spouse would inherit two-thirds of the estate, while the remaining one-third would be shared amongst the deceased’s children. If any of the children had died before the parent, their portion would be equally split amongst their offspring.
The scenario is flipped if he outlives her. Assuming she had no children and no will, he would automatically inherit her entire estate. Moreover, if he remarries and thereby nullifies his existing will, he would need to create a new will. If he fails to do so and outlives his new spouse, his children would equally share his entire estate.
Divorce proceedings do not automatically divide assets unless a prenuptial agreement was in place. In absence of such an agreement, negotiation or court intervention comes into play. In this process, factors such as individual capacities and contributions to the shared estate are taken into account. For example, if the majority of the shared property was obtained by the father before the marriage, that would affect the final distribution, but it doesn’t necessarily mean he retains all prior possessions, and she leaves with only what she initially had.
For further inquiries, contact Dominic Coyle at Q&A, 24-28 Tara Street Dublin 2. This article is intended as a reader service and should not be used in lieu of professional legal advice.