47 John Street, Sligo CALL US ON 071 912 9070

How to Contest a Will in Ireland

4ctsWill 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 Solicitors immediately as there are strict time limits in place before you cannot contest it.

There are 4 common premises 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

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.

By challenging a probate application, Michael Monahan Solicitors can help you stop a Will which is invalid being registered for Probate.

Contact us for more details.

If there is no will, Michael Monahan Solicitors 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 dispersed according to law1.

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 Solicitors will advise the administrator and the recipients on the strength of the possible and possible Will Contesting and defend your estate against it.

Estate Monitoring

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 round up in an organised way. Typically legal procedures are not needed.

Legal Proceedings or Mediation?

If you use Michael Monahan Solicitors, 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?

Contact Michael Monahan Solicitors now on 071 912 9070 or contact us online.

Michael Monahan Solicitor in conjunction with Sligo Lend a Hand gave a presentation at a recent evening event in Sligo on Wills and the frequent issues that arise from them.

The video is quite long so here are areas of interest that you can skip to for easier access.

Skip to 5 mins: Executor Duties

Skip to 9.30 : Burial Arrangements

Skip to 14.50: Procedure for signing a Will correctly.

Skip to 22.30: Challenging a Will Section 117 application

Skip to 25.08: Executors Year

Skip to 26.20 What the Executors year entails.

Skip to 26.48 Small estates and why they can pay out early

Skip to 30.00 Tax on Estates

Skip to 34.32 Enduring Power of Attorney

Skip to 36.27 Final Tip to Save You Money!

Thanks for Listening and as always get in touch if you need to chat!

Michael Monahan Solicitors. 47 John Street, Sligo CALL US ON 071 912 9070