How to Contest a Will
How to Contest a Will in Ireland
Will and Probate Issues
There are lots of types of problems people have in administering estates, but the primary ones fall under the following headings:
Objecting to a Will
This process is also known as “Challenging a Will”, “Contesting a Will” or “Disputing a Will”.
Do you feel you have been unjustly left out of a persons will?
For example, where an individual who has passed away had a commitment to provide for you and has not made appropriate arrangements for you.
If so, you should contact Michael Monahan Solicitor immediately as there are strict time limits in place after which you cannot contest it.
There are 4 common basis for contesting a will in Ireland
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 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.
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.
By challenging a probate application, Michael Monahan Solicitor can help you stop a Will which is invalid being registered for Probate.
If there is no will, Michael Monahan Solicitor will endeavour to ensure that the possessions are passed to those entitled under the Intestacy Rules.
We will work out which is the best option for you, and work to guarantee that the possessions are distributed according to law.
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.
Correcting Wills and Interpretation of Wills
In some cases a Will is improperly drawn, or important items have been left out, a Court judgment may be required regarding how the Will needs to be interpreted.
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.
Michael Monahan Solicitor will advise the administrator and the recipients on the strength of the Will.We advise on the common ways of contesting wills and defend your estate against it.
For some individuals, the issue is getting the administrator of the will to do their task effectively. In these circumstances we would clarify exactly what you are entitled to, and protect all your rights to your share of the deceased’s assets, by having the estate completed in an organised way. We advise on the legal procedures that may be required.
Legal Proceedings or Mediation?
If you use Michael Monahan Solicitor, we will endeavour to settle your claim out of court. This can save on legal fees.
Claims can be settled in private by use of a mediator– a meeting between the people concerned with an independent arbitrator who attempts to reach an agreement.
Do you need help contesting a Will or protecting your estate from a Challenge against a Will?
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.
- It came from a disappointed member of the family known as a Section 117 claim.
- The 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. (mainly concerns business or farmland)
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?
The courts in recent years have looked to the people witnessing the will is the best
people to know the state of mind of the person signing the will.
I was courts presume that the will was correctly constructed and signed if it looks regular. This puts the onus back on the objector if the will was signed properly and dated..