Inheritance Solicitors Ireland

Blanchardstown, Castleknock, 27 Upper Mount Street, Dublin City Centre

Family Law Inheritance Solicitors based in Dublin Ireland

One of the safeguards of being married envisaged by the Succession Act 1965 is protection on the death of a spouse.

The law previously provided that the old rules of property passing to the eldest son (primogeniture) applied so the new law in 1965 to protect spouses was a radical deparature.

That said, generally on divorce or separation a person’s view as to whom they wish to benefit on their death frequently changes, it is no longer their former spouse but other family members or causes they wish to benefit after their death. This is of course not always the case, and sometimes on separation or divorce, the entitlements pursuant to the Succession Act, 1965, are left purposely intact. This is an area however where the law is complex and great care must be exercised to deal with your assets at a time when you are quite often financially at a high, even though you are no longer around yourself to deal with your finances – it is an unfortunate reality that we are all worth more dead than alive….particularly when you bear in mind that mortgage protection policies, life insurance policies, and contingent benefits to pensions schemes (such as those valuable benefits often contained in Civil Service Pension Schemes and private company pensions schemes) come into play post death.

What is a spouse’s legal right share?

If you have left a will, and your spouse or civil partner has never renounced or given up their rights to your estate, then they are entitled to a legal right share of your estate.

This legal right share is:

One-half of your estate if you do not have children

One-third of your estate if you do have children

This entitlement to a legal right share continues to apply if you are separated and have not addressed these specific matters in a legal separation or divorce. It is important to remember that separation and divorce are relatively new laws in the Irish context and it is not particularly unusual for a person to have not formalised a legal sepration and for a legal right share to continue to apply to a separated spouse. Indeed, it is one of the reasons why it is important to review your Will and legal life planning post divorce and to ensure that you have your affairs in order in the manner that you believe, this is particularly significant if you opted to conduct a DIY divorce without legal advice, as frequently important matters such as this and pensions can be left overlooked, as with many matters in the legal arena, the devil is all too often in the detail, that is why early and comprehensive legal advice and input is always to be recommended in such complex affairs.

The legal right share is of such enshrined status that your spouse/civil partner does not have to go to court to get this share, as your executor must give this share where applicable. If you leave a gift to your spouse or civil partner in your will, they can choose to accept the gift instead of their legal right share or they can insist on their legal right share (and the specific gift as part of that legal right share, if it is of less value than the legal right share). From the above you can gather a snapshot of the complexity of this area of law.

Your executor must inform your spouse or civil partner in writing of their right to choose between these two options and your spouse or civil partner must ask for their legal right share within 6 months of being notified, or within 12 months of the taking out of the Grant of Representation (Probate).

It is important after significant life events such as marriage (which invalidates a previous Will), separation, and divorce, that you take stock of your legal life plan, including your Will and future intentions. It is to be recommended that these are addressed at the same time as finalising any formal separation and/or divorce with the benefit of expert legal advice. Matters can easily become enormously complicated should you pass away without updating your will to reflect your divorce or separation.

At Carmody Moran Solicitors we are on hand to provide such expert legal advice and you can arrange to have an initial Consultation in family law matters for a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances.

Where a legal right share does not apply

Your spouse or civil partner can renounce (give up) their rights to the legal right share. This can be part of an agreement before marriage or civil partnership or the spouse or civil partner can give up their rights to benefit their children or other named beneficiaries. It can also be done as part of a Separation Agreement when formalising a Separation or as part of settlement terms or Courts Orders in judicial separation or divorce proceedings.

At Carmody Moran Solicitors we are on hand to provide such expert legal advice and you can arrange to have aninitial Consultation in family law matters for a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances.

Divorce, separation and desertion

Separation agreements usually, but not always, include a renunciation of both spouses’ or civil partner’s legal right share. Occasionally spouses intentionally maintain these rights as against the other.

If your spouse or civil partner deserted you for more than 2 years, they are not entitled to a legal right share unless they deserted you as a result of your behaviour (for example, domestic abuse).

The complexity of the law in this area and the various types of financial assets (such as valuable pension policies and contingent benefits in Civil Service Pension Schemes and Private Pension Schemes) demonstrates the need for early and expert legal advice to ensure that effect is given to all intended matters when dealing with assets (including pensions) on separation and divorce. It is not unknown for these items to be overlooked, after all who really wants to consider life when they will not be around…

As you will have gathered from reading through this section of our website, matters can easily become enormously complicated should you pass away without updating your will to reflect your divorce or separation.

At Carmody Moran Solicitors we are on hand to provide such expert legal advice and you can arrange to have an initial Consultation in family law matters for a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances. Carmody Moran Solicitors can then advise you on what is the course of action require, if any, to give full effect to your intentions and furnish you with a complete estimate of legal costs before undertaking any work for agreement.

Cohabiting partners

Partners, who live with each other but are not married or in a civil partnership, have no automatic legal right to each other’s estates, although under the redress scheme for cohabiting couples introduced by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (“the Cohabitant’s Act 2010”) a qualified cohabitant can apply for a share of the estate of a deceased cohabitant.

You can leave some or all of your estate to your partner but this does not cancel out the legal rights of a spouse or civil partner if you were married before to someone else and did not get divorced or had your civil partnership dissolved. Bear in mind the old adage also of ‘death and taxes’ going hand in hand, this area of law can be particularly complex and getting expert legal advice can greatly smooth the path for your loved ones in the future by making provision now in separation or divorce and / or generally in attending to reviewing your circumstances if it has been some time and updating your legal life planning.

As you can appreciate from the foregoing, matters can easily become enormously complicated should you pass away without updating your will to reflect your divorce or separation and your current relationship status if you are in a new lifelong and commited relationship and have not fully addressed your legal life plan.

At Carmody Moran Solicitors we are on hand to provide such expert legal advice and you can arrange to have an initial Consultation in family law matters for a reduced fee and this gives you an opportunity to review your situation and ask the expert questions regarding your specific circumstances.

In the course of this one-hour consultation with an experienced qualified family law Solicitor, your initial options will be assessed and advised upon as well as practical advice furnished to try to assist and alleviate your current situation. Your Solicitor will be able to advise you of your options and future costs and you can then decide how you wish to proceed.

Call us about any Family Law Inheritance queries. As Solicitors based in Dublin Ireland this is an area of expertise for Niamh, so we are very happy to get your enquiries on the topic.

Your Expert Inheritance Claims Legal Team in Ireland

At Carmody Moran Solicitors our experienced Inheritance Solicitors Ireland are on hand to advise and skilled in handling all nature of inheritance.

The two partners of Carmody Moran Solicitors have a combined total of in excess of twenty five years professional legal experience. Together with their associates they aim to make the Court process as straight forward and navigable as possible while being on hand to alleviate their clients concerns and worries about going through the Court process.

Anthony-Carmody-Solicitor-Dublin

Anthony Carmody

Partner

Anthony Carmody is one of the founding Partners of Carmody Moran Solicitors.

He has significant experience in personal injury cases and general litigation having handled literally thousands of cases on behalf of clients based in Ireland and abroad.

Niamh-Moran-Family-Law-Solicitor-Dublin

Niamh Moran

Partner

Niamh Moran is one of the founding partners of Carmody Moran Solicitors and is a solicitor with wide ranging experience across all areas of general practice.

Niamh manages the family lawconveyancing in Dublin, and probate divisions of the practice. Niamh’s practice of law is extremely varied and she is regularly sought out for her expertise by clients and colleagues alike.

*While we have made every effort to provide accurate information, the law is always changing and it affects each person differently. This information is not a substitute for specific advice about you personally and it is not intended as legal advice. We will not be liable to you if you rely on this information. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.

You should note that no solicitor/client relationship or duty of care or liability of any nature shall exist or be deemed to exist between Carmody Moran Solicitors and you until you have received a written letter of engagement from us in which we confirm our appointment as your Solicitors.

INDEPENDENT GOOGLE CLIENT REVIEWS
Herghelegiu Oana
Herghelegiu Oana
22:44 20 Jun 22
We just got the keys to our dream home 🏡 special thanks to Stephanie,Helen,Caila and Carmody Moran team.All the girls are very friendly and helpful.Stephanie was a pleasure to have you as our solicitor.Highly recommend!
Karolina Siwakowska
Karolina Siwakowska
20:00 28 Mar 22
We've just got the keys to our dream home and Carmody Moran has helped us with all the legal work. We've been dealing with Stephanie and Helen and they both have been great: friendly, professional and communicative. The whole process can be intimidating at times, but they've made sure to make it as easy as possible for us. They've represented us well. Highly recommended.
ciara daly
ciara daly
16:27 18 Feb 22
Anthony and his team went above and beyond for me, everything was always looked after and I was constantly kept in the loop for my RTA case. From phone calls to emails to dealing with insurers. Gave me great peace of mind that I chose the right solicitor and Anthony himself is a gentleman. I would highly recommend Carmody Moran Solicitors.
Cassandra Reyes
Cassandra Reyes
11:11 14 Jan 22
Tony is quick and responsive to me. Very professional and would definitely recommend to my family and friends.Thank you so much.
Martin Kinsella
Martin Kinsella
17:23 15 Dec 21
CarmodyMoran were a pleasure to deal with. I found them to be extremely helpful in all my queries and responded to me in a very personal and professional manner.
Marie Byrne
Marie Byrne
14:06 30 Nov 21
Anthony & Niamh are our family Solicitor, so had no hesitation when the decision was made to sell of our family home. They dealt with my dad in the most caring manner explaining everything in detail. I dealt with Helen Ryan and Stephanie Tierney. The response to every query was exceptional. An absolute pleasure to deal with. If they were unavailable Emma at reception would pass all messages on. It was a very positive experience and a fantastic team at Carmody/Moran Solicitors. Thank you. Marie Byrne
Jennifer Foley
Jennifer Foley
18:13 27 Nov 21
Excellent.I am a client of Carmody Moran for the last few years.Niamh is a lovely person she made a difficult and lengthy process easy and answered any questions in a timely manner, very approachable and thorough.With her guidance and experience I found her to be very professional and understanding of my position, every step of the process was explained to me without overwhelming me.I cannot speak highly enough of Niamh and her team.I am happy to recommend them to anyone.
Richard Lawrence
Richard Lawrence
13:04 02 Sep 21
Would highly recommend.Tony and his team were absolutely brillant dealing with my case.Tony made me feel comfortable from day one, he explained everything to me at all times . Any time I had questions about thing's there was no problem in picking up the phone or sending a email Tony always got back to me and answered my questions.Fantastic service.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
Tony an his team are brilliant.Left no stone unturned.
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Annamay Rowan
Annamay Rowan
12:21 10 Mar 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Anant Batra
Anant Batra
00:05 05 Feb 21
Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Elvyra Petkeviciute
Elvyra Petkeviciute
15:43 02 Sep 20
Great service, efficient, proffesional, very responsive. Over all very happy with services.
Tracy Ankers
Tracy Ankers
11:22 02 Aug 20
Would highly recommend Anthony and his team .
Elaine McSweeney
Elaine McSweeney
10:01 31 Jul 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Maxine Hudson
Maxine Hudson
13:47 12 May 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Mark Kelly
Mark Kelly
02:11 06 Feb 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mick Giles
Mick Giles
15:50 09 Dec 19
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
david clarke
david clarke
17:01 02 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
Matthew Canning
Matthew Canning
17:17 23 May 19
Streetfront Lawyers.
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
Professional Solicitors that you can depend on!
Vanja Jovanovic
Vanja Jovanovic
07:49 06 Jul 18
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Bonnie B
Bonnie B
07:52 14 Jun 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
declan mcgrath
declan mcgrath
07:36 12 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
Phyllis Dalton
Phyllis Dalton
16:33 31 May 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Andrew Penrose
Andrew Penrose
23:57 24 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Paul Moran
Paul Moran
17:52 25 Feb 18
Professional but very friendly and courteous.
jingjing xu
jingjing xu
16:11 15 Jun 15
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
David McGowan
David McGowan
16:43 14 May 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
Terry Palmer
Terry Palmer
15:24 23 Apr 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
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