Question: estate law

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mahdi2 

Customer

 3 Jul 2017 17:09 UTCMon 3 Jul 2017 - 5:09 pm UTC 

I want to know list of countries or states that exempt child or maybe even other beneficiaries from surviving deceased requirement in succession law or no such requirement at all
I know Ireland is one of these counties.

 

mahdi2 

Customer

 3 Jul 2017 17:18 UTCMon 3 Jul 2017 - 5:18 pm UTC 

I mainly mean intestate succession law

 

David Sarokin 

Researcher

 3 Jul 2017 17:39 UTCMon 3 Jul 2017 - 5:39 pm UTC 

Hi mahdi2...I added some late information to your other question:

https://uclue.com/?xq=9035


I want to make sure you knew about it.


David

 

mahdi2 

Customer

 3 Jul 2017 17:41 UTCMon 3 Jul 2017 - 5:41 pm UTC 

yes I has saw that thank you

 

mahdi2 

Customer

 3 Jul 2017 18:08 UTCMon 3 Jul 2017 - 6:08 pm UTC 

in simple word predeceased child's will is effective in these countries and states

 

myoarin 

User

 3 Jul 2017 20:57 UTCMon 3 Jul 2017 - 8:57 pm UTC 

Here is the situation in Ireland: 
http://makingawillireland.com/what-happens-when-you-dont-make-a-will-intestacy-simplified/

The legal expression "per stirpes" seems to be the key to a search: 
https://www.thebalance.com/per-stirpes-definition-in-wills-3505583

The website provides also links to inheritance law in several US states, but from a quick read of a couple, the brief descriptions may not all provide an answer.

But that is not about applying the will of the deceased child for a distribution from the intestate grandparent at a later date, which now seems the real question.  The child's will can only distribute what the person had at death, then that case is closed. 

Of course, this is no legal advice. 

My curiosity has led me to spend more time than a researcher would want to for a $10 question.  Providing even a short list of US states would be more work, not to mention trying to find more about different countries.

 

David Sarokin 

Researcher

 6 Jul 2017 14:57 UTCThu 6 Jul 2017 - 2:57 pm UTC 

mahdi2,

Did the comment (above) about 'per stirpes' help to answer your question? Is there anything more you can add to make it clearer what you need from Uclue?

Thanks,

David

 

mahdi2 

Customer

 6 Jul 2017 15:09 UTCThu 6 Jul 2017 - 3:09 pm UTC 

I think "per strip" determine grandchildren rights only not predeceased child's heir

 

David Sarokin 

Researcher

 6 Jul 2017 15:38 UTCThu 6 Jul 2017 - 3:38 pm UTC 

I've read your question several times now, but I really don't understand what you're asking us. If you can add any clarification, it might help in getting you a response.

David

 

Roger Browne 

Researcher

 6 Jul 2017 16:51 UTCThu 6 Jul 2017 - 4:51 pm UTC 

Mahdi2, does this example show what you're asking about?

1. A person dies, and has written a will to say who should get their money.

2. Later, a parent of that person dies. The parent's will says some money should go to the child (who is already dead).

3. Does the money get paid to the child's estate, and then to the person named in the child's will? Or does the money go to other beneficiaries of the parent's will, because the child has already died?

 

myoarin 

User

 6 Jul 2017 22:01 UTCThu 6 Jul 2017 - 10:01 pm UTC 

Mahdi2,
We are trying to understand your question and help you.
It is apparent now, that we need some clarification from you. 

Your last comment is correct, and that is what is explained towards the end of my link about Irish law:  only blood relatives will be beneficiaries of the estate of an intestate person.  Because you added:  "not predeceased child's heir", that suggests that you are asking about an heir who is NOT a grandchild of the intestate grandparent, most likely the child's surviving spouse, perhaps someone else.

Mahdi2, is that what you are asking about? 

Regards,  Myo

 

mahdi2 

Customer

 8 Jul 2017 01:27 UTCSat 8 Jul 2017 - 1:27 am UTC 

dear Roger Browne,
You guess is right

dear moyarin,
your comment about Irish law is incorrect.
Predeceased child's will is always effective

however, I will cancel this question

 

myoarin 

User

 8 Jul 2017 13:26 UTCSat 8 Jul 2017 - 1:26 pm UTC 

It doesn't matter now, but the Irish law is very clear about how an intestate person's estate is distributed: only to blood relatives and by the proportions described. per stirpes applying to living descendants of a dead closer blood relative.
This link gives a simpler explanation: 
http://www.irishwills.ie/wills/inheritance_rights.html

 

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