Solicitor & Notary Public
Donegal

+353 (0)74 915 3333

Contesting or challenging a will or estate

Maybe you are worried that no Will was ever made?

Maybe you are concerned that your relative’s Estate is not being dealt with in an acceptable and efficient manner?

Maybe you are concerned that you have not received what you were expecting or what you are actually entitled to from an Estate?

Maybe you relied on a promise and it was not acknowledged in the Will?

Making a claim against a Will

It is sensible to obtain expert, confidential and impartial advice from a dedicated Probate Solicitor to ascertain and determined the next step where you feel that you need to make a claim against a Will.

Our specialist Probate and Inheritance Solicitors can provide you with practical solutions with the best results as quickly and cost effectively as possible.

Administration Disputes

Disputes relating to the distribution of an Estate may involve different interpretations of a Will; maybe the person was not capable of making a Will? Maybe the person was forced to write the Will they way he/she did?

Contesting a Will is an option for individuals who feel that their inheritance rights have been infringed. We offer expert guidance and can assist in a variety of contentious matters such as;

• Making a S.117 Application – This is a where a child of a deceased claims that their parent failed in his/her moral duty to provide and make proper provision for them under their Will. EB v SS and G. McC [1998] 4 IR 427

• Contesting the Will for lack of capacity – The deceased at the time of making their Will is required to have the requisite mental capacity. If the deceased did not have capacity then the Will may be invalid. Hawks v Burgess [2013] EWCA Civ 74

• Challenging the Will on the basis that it was made under Duress – if it is believed that the deceased made their Will under the influence of a third party, their Will maybe invalid as the deceased did not make it freely. Wharton v Bancroft and Others [2011] EWHC 3250

• Spousal claims to their “Legal Right Share” – A spouse of a deceased is entitled to a legal right share of one third of their deceased spouse’s estate.

• Applications in relation to the Executors/ Administrators of a deceased’s estate – such applications are made to have the Executors/ Administrators removed where there if a belief that they are acting negligently. Erlichman v Erlichman 2000 BCSC 173
 

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