Elaine Corcoran is a Solicitor working in Ringsend, she is mum of two boys and lives locally. She is here to answer readers’ questions and to give some guidance on current legal trends / developments. Elaine can be contacted on 01 5617900 or by email: elaine@corcoransolicitors.com
Please email any questions that you have for Elaine to newsfour@gmail.com.
Dear Elaine,
I inherited my home from my mother over 25 years ago. The house is in my name only but it has been suggested that I put the house into the joint names of myself and my husband. What are the benefits of doing this and can I not just put it in my Will that I want my husband to take the house? Are there any tax consequences of putting the house into the joint names of myself and my husband?
Sandra
Hi Sandra,
If you place your house into the joint names of yourself and your husband and you register your ownership as joint tenants, there is a right of survivorship. This is very important as if you pass away before your husband, the house automatically transfers to your husband. If however you were to pass away with the house in your sole name and simply Will the house to your husband, it would be necessary for your executors to apply to the Probate Office for a Grant of Probate. A Grant of Probate can be expensive to obtain and can take anything from 6 months to a year depending on Probate Office delays.
It is without a doubt more straightforward to place the house into joint names before you pass away. It is a relatively simple and inexpensive task. There is no tax payable between a married couple. Your local solicitor can assist you or you can visit tailte.ie for more information.
Elaine
Dear Elaine,
I recently lost my father whom I cared for on and off over the past number of years. My mother predeceased my father, and I have two sisters who are older than me. My father was very transparent with us through the years and always told us that he wanted his estate/his house split equally amongst us. I was shocked when I found out that he had written a Will which left the majority of his estate to my older sister. This new Will was written approximately six months before he passed away and at a time when he was suffering from memory loss and was not in the full of his mental health. What are my options?
Bernie
Hi Bernie,
For a Will to be valid, it is necessary for the person making the Will to be of sound disposing mind, they must have ‘testamentary capacity’. Where a person is not of sound disposing mind, the Will can be set aside and an earlier Will can be relied upon. If there was no earlier Will made, the rules of Intestacy kick in and the estate can be split equally between yourself and your sisters. I must make it clear that testamentary capacity is determined at the date on which the person signed their Will and not the date they passed away.
You may also have a case under proprietary estoppel to challenge the Will. This would occur where you have relied on a promise made to you that you would gain an asset upon the death of that person and you relied upon that promise to your detriment.
The statute of limitations is very strict. If you wish to challenge the Will, you may only have six months from the date that the Grant of Probate issues. It is also possible to issue a Caveat in the Probate Office to prevent the administration of an estate. I would advise contacting a solicitor as early as possible to discuss your options.
Elaine
