You seem to be querying when the legislation may be amended so that you too could have a claim on some of your biological mother’s property, akin to your half-sibling and your step-sibling, for their father once resided on the land with your mother.
Your mother bequeathed the property and land to him and eventually it was intended to go to his legal heirs, which happen to be your step-sibling and your half-sibling. You express frustration about this seeming unjust. You wonder whether if a law is adopted by Roderic O’Gorman, would your entitlement be possible? If yes, when could this occur?
Towards this distressing and sensitive predicament, which strikingly isn’t uncommon under the nuanced family dynamics in Ireland does legislation provide guidance. But inevitably, as is the case with legislation, it can leave one advantaged or disadvantaged. It boils down to whether you comply with the law’s criteria to be a gainer or not.
In light of this, plus the potential worth of the disputed land, engaging with a solicitor formally would be advisable. As your scenario revolves around a will your biological mother drew up years ago. Her wishes stated that upon her demise her husband would inherit her dwelling, and he was spelt out specifically in the will. He would also have access and usage rights of the land for his remaining life. However, after he passed away, the land would be transferred not to his family, but to the kin of your mother.
Although the will is dated, due to the man’s recent passing it has gained relevance to you. From what I infer from your message, the estate has been apportioned between your half-sibling and your step-sibling, who is the child of the man who once lived with your mother when she penned her will.
The initial step is to differentiate between your mother’s residential property and the land she possessed. The will’s copy that you attached to your message distinctly implies that he received the residential property outright upon your mother’s passing away. There was no life interest; it was his henceforth.
Therefore, he was at liberty to bequeath it to whoever he willed upon his demise. If he didn’t leave a will, the property would be transferred to his daughter, your step-sibling as per the rules of inheritance.
That leaves us with the land matter.
In various aspects of daily life, the term ‘next of kin’ is rather vague, typically signifying a close family member who represents another person. However, when it comes to matters of inheritance, the concept of ‘next of kin’ becomes more concrete. The Succession Act of 1965 clearly defines the hierarchy of next of kin in relation to inheritance claims.
Oddly enough, in this context, there’s no specific inheritance right allocated to stepchildren. Yet the Status of Children Act of 1987 indicates that adopted individuals forfeit any inheritance entitlements from their biological parents while gaining such rights from their adoptive parents.
The legal constitution of adoption is the root cause for this. For instance, if you were nurtured as a foster child instead of being adopted, inheritance rights from your birth mother would remain intact.
However, these are primarily principles applicable to cases of intestacy, where there’s no existing will. It’s essential to note this as it establishes the fundamental legal dynamics in this discourse.
Nevertheless, in your circumstance, there is a will, thus eliminating intestacy as a concern. The question that arises is, who qualifies as the next of kin?
It’s apparent that your sister, being a legal member of your birth mother’s family, fits the definition. It’s less apparent whether your stepsister falls under this designation, depending on whether she was officially adopted by your mother during her relationship with the girl’s father.
Understandably, you’re most worried about your personal circumstances, particularly if the recent Birth Information and Tracing Act passed by the Minister for Children, Equality, Disability, Integration and Youth, Roderic O’Gorman, has any influence on your situation.
Given that adoption disqualifies you as next of kin in instances of intestacy, I assume you wouldn’t be classified as a will’s ‘next of kin’ unless explicitly stated.
The core of the issue revolves around the specifics of your adoption. The O’Gorman act, ratified by the President in June 2022, introduces new laws. Upon consulting Mr. O’Gorman’s department regarding the implications of this Act on someone in your predicament, it was clarified that although the Succession Act has undergone alterations due to the new legislation, it pertains solely to individuals impacted by unlawful or erroneous birth registration.
The Status of Children Act 1987, stated earlier, clearly outlines the place of adopted individuals. Section 3(2)(a) of this law asserts that an adopted person is to be considered the child of the adopter or adopters from the adoption date and not any other individual or individuals, in terms of parental relationships.
An “adopted person”, for those adopted in Ireland, is defined in the following subsection as one adopted under the Adoption Acts, 1952 to 1976. Thus, if your adoption is lawful, your status remains unchanged, and no new rights over your birth mother’s land will be granted by legislation from Mr O’Gorman’s department.
If, however, the adoption was unlawful, the department highlights that the Birth Information and Tracing Act 2022 has several provisions directly regarding these issues to provide certainty for those involved in an illegal or false birth registration. Notably, Part 8 of this Act revises the Succession Act to accommodate such individuals.
The amendments affirm that the relationship between the affected individual and their social parents (the parents who raised them) will be the same as the connection between the affected individual and their biological parents for succession purposes.
Consequently, an individual in this situation has the legal right to inheritance from both their biological and adoptive (social) families under intestacy. They also maintain the right to contest a will if they feel their interest hasn’t been fairly considered, despite this often being challenging to demonstrate.
Since you are confident about your identity, it’s likely that your adoption was legal; hence you might not be entitled to any portion of your birth mother’s land. The Department clearly states, when legal adoptions are involved, that the Birth Information and Tracing Act leaves the inheritance rights unaffected.
The Department explains, “Once an individual has been legally adopted, they do not have any claim to any of their birth parents’ assets. Instead, they only have inheritance rights from their adoptive parents.”
Whilst adoptees are named in a biological parent’s will and receive an inheritance as per that will, they are eligible for the higher Category A tax-free limit of €335,000 that applies to transfers from a parent to a child, regardless of the official adoption status.
As a final point, and something I always make clear in such circumstances, I am certainly not a legal professional. This is both a distinct legal issue and one that could hold considerable financial implications for you. For the sake of transparency, it would be prudent for you to seek formal legal advice.