What is the legal entitlement to a common law wife in Ireland when their partner dies?

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bluebell

If they were never divorced, legally the ex-wife is still the official wife. Even with a will, she would be entitled to only a share, just because they did not divorce. Check out if there was any written agreement at the time of the legal separation which might be relevant to the situation. As it is, in the absence of a will, the legal spouse has entitlements. And so do any children your step-dad had with your mum as well as with his ex-wife. The length of time he lived with your mum is irrelevant, but if she contributed financially to the home or to his maintenance during ill-health, for instance, and can prove that with receipts etc., she may be entitled to claim that back.

http://www.tallaght.com/wills_and_probate.asp#7
In circumstances where there is no Will, i.e. where an intestacy is created, where there is a surviving Spouse but no children, the Spouse is entitled to the whole Estate. In circumstances where there is a Spouse with children, the Spouse is entitled to take two-thirds of the Estate and in circumstances where there is a Spouse and grandchildren, or other remoter issue, the Spouse is entitled to two-thirds of the Estate.

http://archives.tcm.ie/businesspost/2003/11/23/story677337605.asp (this is dated 2003, check with a solicitor if it is still correct)
So called `common law marriage' is not recognised in Ireland and unmarried couples cannot generally claim the benefit of marital legislation.
"Given the special place of marriage and the family under the Irish Constitution, it appears to me that the public policy of this state ordains that non-marital cohabitation does not and cannot have the same constitutional status as marriage.
"To permit an express cohabitation contract to be enforced would give it a similar status in law to a marriage contract ... As a matter of public policy, such agreements cannot be enforced.
In the case of unmarried couples, the woman would only be entitled to the return of any money (or "money's worth") which she had put into the property.
Succession rights also differ for unmarried couples. The 1965 Succession Act sets out the rights of spouses to inherit a set proportion of their spouse's estate.This does not apply to unmarried couples.

My advice is to see a good solicitor, fast. I'm sorry, but it looks like he did your mum a disservice by not marrying her, or by not making a will entitling her to at least something.

GAVIN E

Unless he made a will, then in the eyes of the law, his ex wife ( as they were never divorced) is legally still the next of kin.

Orla C

I'm afraid the Irish legal system doesn't recognise common-law relationships, and this is SO wrong.

Your mother could go after the ex-wife, but I don't think that legally she has a leg to stand on.

I'm very sorry.

Eric

My law license does not extend to Ireland. Please consult a local lawyer. I expect that there won't be much of a fee, since the answer is likely to be "She has no claim."

Come to think of it, my law license does not extend beyond the threshold of my door.

She was with him for 20 years and she never got him to divorce his wife? Sounds like contributory negligence.

Tid

If they were "legally separated" there's a good chance he and his ex wife signed a "Deed of Waiver" which would entitle the other party to nothing. Presumably all assets were divided at the time of separation. However, should it be the case, he died intestate, leaving whatever belongings he had left "in the air" per se, his children would receive everthing in equal shares. Providing the above applies. If they're legally separated, the other party is entitled to nothing. The children may make an application via Section 117 of the Succession Act.

Sshhhh! It's Podge and Rodge

The term 'common law wife' has no legal standing or basis whatsoever.

Misty Blue

I have a near neighbour who had the same predicament.She ended up with nothing.Sorry.

Lucky Man 2

After 3 years common law entitles him to claim the estate.

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