Father and son have not been in contact for many years since he married and had a family
My partner’s father and mother were never married and they separated when he was young. My partner and his father appear to have been close when my partner was young until he was a teenager and my partner’s father married another woman. A wedge formed and they have been out of contact for many years.
There are two basic scenarios. If, like most people in Ireland, his father does not have a will and does not pull one together before he dies, his estate will be treated under the laws of intestacy. And if he predeceases his father, any children of your partner are entitled to share his share of the father’s estate equally between them.
There is no such provision for children. But it is possible for a child to challenge a will on the grounds that the parent did not and should have made provision for them – or did not make sufficient provision. Such a challenge is filed under section 117 of the Succession Act 1965, and that challenge must be filed within six months of probate being granted on the estate.
Of course, such an action could prove expensive. The legislation does also note that the costs of any such proceedings “shall be at the discretion of the court”.
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