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Wills | Family Home Solicitor
The Family or Shared Home
The surviving spouse or civil partner may ask to keep the family or shared home instead of their legal right share, although if the house is worth more than the legal right share, the spouse or civil partner may have to pay the difference into the deceased's estate. A court may decide that this sum does not have to be paid if it would cause undue hardship.
Local Solicitor is happy to provide a free consultation if a member of your family or a person close to you has died. You can contact us by telephone, our telephone number is 01 8438138.
The information contained in this website is an overview and explanation of the general process. It is not to be taken as legal advice. Please consult Local Solicitor for legal advice. If you need to get involved in a process Local Solicitor is in your corner to help you through the process. You can contact Local Solicitor by telephoning 01 8438138.
What else can our family home solicitor help you with
A Will is a document that sets out your intention regarding your estate when you die. It is especially important to make a Will if you have young children. This is so you can appoint guardians and trustees for those children.
Read More about Making a Will and Our Probate Solicitor in Dublin
Local Solicitor will draft the Probate documentation and arrange for the documentation to be sworn before a Commissioner of Oaths. When that is done Local Solicitor will file all documentation with the Probate Office together with Probate fee so that it will be possible to collect the Grant of Probate.
Where a person dies without having made a Will, they are said to have died intestate. To distribute the deceased’s estate, it may be necessary to extract a Grant of Letters of Administration. This is like a Grant of Probate.
If you have left a will your spouse or civil partner are entitled to a legal right share of your estate. This legal right share is half of your estate if you do not have children or one-third of your estate if you do have children.
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 a qualified cohabitant can apply for a share of the estate of a deceased cohabitant.
Children do not have any absolute right to inherit any of their parent's estate if the parent has made a will. Children born inside or outside marriage and adopted children all have the same rights and there are no age restrictions.
The surviving spouse or civil partner may ask to keep the family or shared home instead of their legal right share, although if the house is worth more than the legal right share, the spouse or civil partner may have to pay the difference into the deceased's estate. A court may decide that this sum does not have to be paid if it would cause undue hardship.
