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 have been separated from my husband for over 14 years. Neither of us applied for a formal separation or divorce however I did bring him to court on a few occasions for child support. He never abided by the Judge’s orders and after a while I just lost steam and stopped following him. He never paid any maintenance and he hasn’t seen either of his kids in over eight years. I recently inherited a house from my mother and I would like my two children to inherit this house if anything were to happen to me. Would my estranged husband be entitled to a share in the house? How can I protect against this?
J.
Dear J,
Although you have lived apart from your husband for a long time, you are still legally married. Your husband, as your spouse, has a legal entitlement to a share in your estate. The share that he is entitled to would depend on whether or not you leave a will. If you pass away without a will, your husband is entitled to two thirds of your estate and your children are entitled to one third. If you leave a valid will and don’t list your husband as a beneficiary, he has the right to elect to take his ‘Legal Right Share’. It is important for you to take legal advice as there may be steps that can be taken to bolster your estate against a claim. You should give consideration to applying for a divorce. A court can, under Section 18(10) of the Family Law (Divorce) Act 1996 extinguish succession rights and prevent either spouse from taking a claim against the other’s estate.
Dear Elaine
I have been advised by my GP to obtain an Enduring Power of Attorney. Can you outline what they are and the powers contained within the document.
John.
Dear John,
An enduring power of attorney is a legal device that can be set up by the donor to allow a chosen person(s) that you trust to look after your affairs should you become incapacitated. The attorney you nominate can make decisions about your personal welfare, property and money affairs. It is a two staged process, firstly you make the enduring power of attorney choosing one or more attorneys and the decisions they can make for you. You register the enduring power of attorney with decisionsupportservice. ie whilst you still have capacity and then your attorneys can go back to the Decision Support Service if you lose the ability to make decisions and a process is commenced to invoke the enduring power of attorney. More information can be obtained here: decisionsupportservice.ie
DISCLAIMER: Information provided is for general guidance only. Whilst every care has been given in the preparation of this article, NewsFour and the writer take no responsibility for the content. Independent legal advice, specific to your circumstances should always be sought.
