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Why Your Section 117 Claim Might Fail – And What Needs to Change

Why Your Section 117 Claim Might Fail – And What Needs to Change

by Monahan Solicitors | May 6, 2025 | General, Wills Challenge

Why Your Section 117 Claim Might Fail – And What Needs to Change When it comes to inheritance disputes, few issues cause more heartache than a child feeling left out — or unfairly treated — in a...

How to Initiate a Claim Against a Parent’s Estate

How to Initiate a Claim Against a Parent’s Estate

by Monahan Solicitors | Apr 23, 2024 | Legal News, Wills Challenge

To initiate a claim against a parent's estate, one must consider the following legal principles and statutory provisions: 1. Eligibility to Claim: There is no prescribed age limit for lodging a...

A vital early step if you want to challenge a Will … a caveat!

A vital early step if you want to challenge a Will … a caveat!

by Monahan Solicitors | Nov 10, 2023 | Probate, Wills Challenge

A vital early step if you want to challenge a Will ... a caveat! If you want to challenge a Will and don’t consider filing a ‘caveat’, you’re missing out on a valuable protection, which will stop...

Will Challenges…….Top 10 procedures to get to a Hearing.

Will Challenges…….Top 10 procedures to get to a Hearing.

by Monahan Solicitors | Jul 27, 2023 | Wills Challenge

Wills Challenge ….10 procedures to get to a Hearing. I take it that by reading this Blog you feel you have justifiable reasons to think you have been omitted from a will whether a member of family...

Will the Farm be Mine?

Will the Farm be Mine?

by Monahan Solicitors | Jul 6, 2023 | Legal News, Wills Challenge

Will the Farm be Mine?  I worked on the farm for years on the basis it will be left to me after my parents time. How do I make sure that is transferred to me? It seems very strange in modern Ireland...

How do I Challenge  a Will ?……. 2023 update

How do I Challenge a Will ?……. 2023 update

by Monahan Solicitors | Jul 3, 2023 | General, Legal News, Wills Challenge

You may have read some of our earlier blogs dealing with the subject in which we have outlined that children (usually adults at the time this issue comes up) have no automatic right to inherit from...

Q&A – Wills, Children, and Inheritance Rights

Q&A – Wills, Children, and Inheritance Rights

by Monahan Solicitors | May 9, 2023 | Probate, Wills Challenge

Unlike the provisions surrounding marriage/a spouse, a child does not have any specific Inheritance Rights to a share of their deceased parent’s inheritance depending on whether or not a will has...

Spousal Inheritance Rights – What You Need to Know When your Spouse Dies

Spousal Inheritance Rights – What You Need to Know When your Spouse Dies

by Monahan Solicitors | Mar 7, 2023 | Inheritance tax, Wills Challenge

Spousal Inheritance Rights The passing of your spouse can be a traumatic and life-altering event, one that can be made all the more difficult if uncertainties or confusion arise around your...

I want to leave the farm to my son!

I want to leave the farm to my son!

by Monahan Solicitors | Feb 16, 2023 | Wills Challenge

I want to leave the farm to my son who works with me but am worried my other four children could challenge my Will after I am gone.   I came across this article recently in the media and reply given...

Just Thinking of Challenging a Will in 2023 ?

Just Thinking of Challenging a Will in 2023 ?

by Monahan Solicitors | Jan 5, 2023 | Probate, Wills Challenge

Here’s What You Need to Know:- The Section of the Succession Act 1965 is Section 117.  The phrase that applications are based on is – Has your parent failed in their moral duty to provide for you...

7 Top Tips if you have been left out of a Will

7 Top Tips if you have been left out of a Will

by Monahan Solicitors | Feb 22, 2022 | Legal News, Wills Challenge

7 Top Tips if you have been left out of a Will The provisions of the Succession Act 1965, in particular Section 117, relate to an application by children of the Deceased for a claim under the...

So you want to challenge a Will in 2022 ? Section 117 is the relevant law answered.

So you want to challenge a Will in 2022 ? Section 117 is the relevant law answered.

by Monahan Solicitors | Jan 13, 2022 | Wills Challenge

 If anybody is reading up on this particular area they will know that the relevant piece of legislation in Ireland is the Succession Act 1965 and in particular, section 117.   The Section 117 is...

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F91 EC4A

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To comply with Section 150 of the Legal Services Act 2015 you must be notified of your liability for legal costs and outlays
For this reason please read this carefully and if you wish to instruct us please tick the box at the end to agree with its terms.

Thank you for asking us to assist as your Legal Adviser. We are pleased that you’ve chosen our firm.
As the client you are responsible for the discharge of fees VAT and outlays. All work carried out by this firm or other persons /companies such as barristers on your behalf will incur a charge.

At the date of this notice it is not reasonably practicable for us to inform you of the legal costs and outlays that will apply. Even though we do not know the exact amounts at this time, we must let you know how we calculate legal costs that we will charge.

To comply with the above Section 150 you have to be informed about charges.
We set out the basis on which our legal costs/charges will be calculated now .

If your file is based on time spent our charge out rate for Michael is €285 per hour and €150 for support staff. Value-added tax will be charged in respect of any professional fee. The rate at present is 21%

If your fees are based on an agreed fixed figure for example buying and selling property, a separate Section 150 will issue at the start of your file.
Please note there are occasions when a file goes beyond what was initially quoted for. In that case we will serve a new Section 150 notice as soon as we are aware of extra time and outlays.

There are times when legal advice relates to complex or high-value matters. The High Court rules outline 10 criteria to assist in the calculation of fees in these circumstances. Every case is different but these criteria give some idea in your particular case as to what’s involved.
These 10 criteria are as follows

the complexity and novelty of the issues involved in the legal work.
The skill or specialised knowledge relevant to the matter which the legal practitioner has applied.
The time and labour that the legal practitioner has reasonably expended on the matter.
The urgency attached to the matter by the client and whether this requires will require the legal practitioner to give priority to that matter over other matters.
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Where the money, property or an interest in property is involved, the amount of the money, or the value of the property or the interest in the property concerned.
Whether or not there is an agreement to limit the liability of the legal practitioner as outlined in the contract between the legal practitioner and client
Whether or not the legal practitioner necessarily undertook research or investigative work and if so the timescale within which such work was required to be completed.
the use and costs of expert witnesses are other expertise engaged by the legal practitioner and whether such costs were necessary and reasonable.

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