Your future depends on the Succession Act 1965 if no will was made
It would be certainly worth your while discussing with your husband about both of you making wills in order that both of you and your children are looked after.
If your husband has previously made a will, a new will can revoke his previous will.
If you make an appointment with a solicitor, they could prepare wills for you based on your wishes and instructions.
In the event that your husband predeceases you, the first step would be to ascertain whether he made a will.
If he has a solicitor, it is more than likely the will would be with his solicitor.
Or if you instruct a solicitor, they can make enquiries with other local solicitors to try and locate the will.
The law on succession in Ireland is governed by the Succession Act 1965. If a person dies without making a will, they die intestate.
In this scenario, under succession law in Ireland, you as a spouse would be entitled to two thirds of your husband’s estate, and your children would be entitled to the remaining one third in equal shares.
If your husband has made a will, and none of his estate has passed to you or the children under the will, you are under Irish law entitled to what is known as your legal right share.
This would be one third of his estate, as you have children. You are entitled to half if there are no children.
If you do receive a gift under the will, you have the right to elect to either take this or the legal right share.
I note your husband’s parents are living on the farm.
It is likely that they have a right of residence or right of maintenance which may have been a condition of the transfer. The right of residence would allow them to live on the farm for their lifetime.
A right of maintenance would allow for them to be maintained and looked after for their lifetime.
The difficulty with a farm is that it is a large asset, and the preference in families is often to pass it from one generation to the next.
When somebody dies, the estate is normally administered, and it may be necessary to sell the assets in order that the proceeds can be divided amongst the beneficiaries.
There are a number of ways around this, including passing specific or identifiable assets such as a farm through what is known as a specific bequest to specific beneficiaries under a will.
If there are specific bequests in a will, the remaining assets not identified in the will are known as the residue.
I note your son is interested in farming and it might be worth considering at this stage what is known as succession planning.
You and your husband might want to consider transferring the farm to him during your lifetime.
There are potential tax advantages to this, if your son is farming the land. In respect of the other children, you might consider providing them with sites on the land to build houses, which could be done during your lifetime.
It is also worth noting that you have automatic rights in respect of the family home, and the remaining share of this should pass to you on death under Irish law, in the event that you hold the property as joint tenant.
In respect of your children I would refer you to S117 of the Succession Act 1965 where an application can be made to court where a child believes he has not been adequately looked after during their lifetime, and the doctrine of estoppel where a child working on a farm can argue they worked to their detriment with an expectation they would be passed the farm.
In both these cases, the court can make an order overriding the will of the deceased.
