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Mcgrath Mullan Solicitors Dublin

Disputing a Will in Ireland

It is important to be aware when drafting your Will that it may be open to challenge after your death by a beneficiary or another individual who believe they are entitled to an inheritance, or that they were not adequately provided for. 

While Irish Courts have taken the view that the wishes of the deceased are paramount and therefore they are slow to set aside the wishes of the testator/testatrix, there are a still a number of grounds under which a Will may be contested, the most common are:

  • Undue Influence, where it is believed someone was under the influence or coerced into making a will.
  • Validity of the Will, where it does not meet the required formalities.
  • Lack of capacity, where it is believed they did not comprehend and or appreciate the claims they was putting into effect.
  • The will does not provide for a spouse or children in accordance with the Succession Act 1965 

A Will can only be contested in Ireland after the date of death of the testator/testatrix and there are a number of time limits to be aware of:

  • 6 years from the date of death for the surviving spouse claiming a legal right share.
  • 6 months after the Grant has issued for children claiming improper financial provision under a Section 117 application.

Section 117 applications are applications brought before the Court on behalf of a child who is challenging the provisions, if any, made by their parent in the Will.  Under such an application, the child is required to prove that their parent “failed in their moral duty to make proper provision for the child in accordance with their means, whether by his will or otherwise.”. This is a high threshold to meet.  Where a child is successful, the Court can Order provisions to be made from the deceased estate notwithstanding their intentions.

Probate litigation can be a lengthy and complex process and while it will be at the discretion of the Court as to who bears the costs, it is common practice in Ireland for the estate to pay the costs in reasonable circumstances. This has an impact on the overall value of the estate and highlights the importance of having a well drafted and considered Will.

If you would like more information on the above or would like our assistance with your own Will or obtaining a Grant, please do not hesitate to contact our highly experienced team of at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Author Bio

Alexandra Lowry

Alexandra Lowry, Solicitor, can assist you in conveyancing matters, personal injury and civil litigation in Ireland. Contact Alexandra if you would like assistance with any of these matters. info@mcgrathmullan.ie or +353 (0) 1 873 5012

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Mcgrath Mullan Solicitors Dublin

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