Contesting a Will
We are available to provide you with expert advice and legal services in the area of contesting a will.
We have contested many Wills over the years and are proud of our record of client care.
We use our knowledge and experience to give you the service you need at this time. We offer personal attention, we use plain language and we provide practical and impartial advice through every stage of contesting the Will.
Some of the common grounds for challenging a Will include:
- Lack of Capacity
- Undue Influence
- Failure to provide for certain family members
- Children
- Parent’s Will
- Married Parent Intestacy
- Civil Partner Intestacy
- Spouse & Civil Partners
- Co- Habits
The 4 most common basis for contesting a will in Ireland are as follows:
Lack of testamentary capability
This can become an issue when somebody declares that the person making the will did not understand what assets they were distributing and who they were giving them to.
Undue influence
Undue influence takes place when somebody has put the person making the will under pressure and did not sign the will of their own free will. For example if they bullied or deceived them into making a will.
Failure to provide for the testators spouse or children.
The Succession Act 1965 states that you are restricted as to who you can leave your Estate to and in what percentage of your assets.
The will fails to acknowledge previous arrangements
If the will fails to acknowledge previous arrangements, guarantees or financial obligations made by the testator prior to making the will. The court might be prepared to impose, in entire or in part, previous arrangements and guarantees made by the testator.
Other noncompliance with Irish law
A will is a complicated legal document which needs to be drafted and witnesses correctly to be a legitimate will in Ireland. If the will is missing out some of the necessary legal aspects, the credibility of the whole will might be contested in court.
Contested Probates
In some cases the disagreement is whether a Will is a valid document. This takes place while there is the will in probate, and the claim is to object to probate.
This can develop when someone has actually made a Will and there is doubt about whether they had “legal capability”, or whether they were wrongfully pressed into making the Will under undue influence.
If you believe a will is invalid and needs to be contested it is important that you act as soon as possible because once a will is registered for probate, it might be impractical to object to the will.
Protecting an Estate from Claims
Administrators who think a challenge against the will is likely, need to look for professional legal guidance, as soon as possible.
Wills Challenges FAQ
I'm unhappy about the contents of a will. What are the main areas for Wills challenges?
There are 3 main areas which we can be contested in:
- Whether there was a valid will in place.
- A claim from a disappointed member of the family known as a Section 117 claim.
- A claim of a child based on representation made in the lifetime of the deceased to give benefit after his time in exchange for work during his lifetime by the disappointed party.
What at the time limits for taking the claim?
Section 117 claim has a 6 month time limit after the grant of probate issues.
Breach of promise claim by a relative usually a nephew or son has to be made within 2 years after the date of death.
What are the grounds to dispute the validity of a will?
The will was not signed correctly in accordance with the terms of the Succession Act 1965.
- However if was drafted by a solicitor and correctly witnessed by 2 independent persons a court would deem it valid.
- The person making the will did not know its contents or did not have a read over to them.
- The person making the will did not have what’s called Testamentary Capacity. The test for this is were they aware of their assets and did they know they were disposing of them by signing this document?
Should you have any queries in relation to any of the above services please don't hesitate to contact us and we will be happy to assist you.
