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Wills and Probate

Succession Law can give rise to unfortunate disputes, particularly at a time when people are still coming to terms with the loss of a family member. These disputes can occur when the validity or interpretation of a will is called into question, or when disagreements arise over how an estate is being managed or distributed.

Getting expert advice from a probate law barrister at the very outset of a dispute can resolve issues quickly and efficiently. It can also ensure that if the matter proceeds to litigation, you are in the best possible position to advance your claim or defend your interests.

For a fixed fee of €325 plus VAT, one of our barristers will meet with you and provide you with expert advice and how best to proceed. Your barrister will not charge any further fee in respect of this consultation.

Our expert Probate Barristers regularly advise clients across Ireland on a wide range of contentious probate issues, including:

Challenging the Validity of a Will – Claims may arise due to concerns over undue influence, fraud, or the mental capacity of the person making the will (the testator).
Disputes Between Beneficiaries – Conflicts over asset distribution, perceived unfairness, or ambiguous terms in the will can lead to legal challenges.
Executor Disputes – Beneficiaries may dispute how an executor is handling the estate, or may seek their removal due to alleged misconduct or failure to act. If you believe the executor is failing in their duties, you may be able to make a claim against them. You can also make a court application to have an executor removed from their role. Consult an experienced solicitor to help you with these issues.
Claims Under the Succession Act 1965 – For example, children may claim inadequate provision under Section 117 if they believe the deceased failed in their moral duty to provide for them.
Disputes in Intestacy Situations – When a person dies without a will, disagreements can arise over who is entitled to inherit under the rules of intestacy.
Proprietary Estoppel – this is when the Will fails to acknowledge prior agreements or promises to your detriment. For example, the deceased may promise during his lifetime to leave a farm to his nephew. Because of this guarantee, the nephew spends his life working on the family farm, rather than pursuing opportunities elsewhere. However, because of an argument shortly before the uncle’s death, he decides to change his Will, naming his niece as the sole beneficiary instead. The nephew would then have a claim for proprietary estoppel, on account of the fact that he relied on his uncle’s promise to his detriment. Where a prior agreement is not met, the court may be persuaded to enforce the terms of the promise – either partly or wholly.

Clients frequently seek advice as to whether they may be able to contest a Will in one or more of the following scenarios:

Lack of Testamentary Capacity – The testator (the person making the will) must have had the mental capacity to understand the nature and effect of their decisions when the will was made. If they did not, the will may be contested.
Undue Influence – If it can be proven that the testator was pressured or coerced into making the will in a way that does not reflect their true intentions, the will may be invalidated. There is a very high standard of proof required in these cases and your barrister can advise you in relation to this before embarking on litigation.
Failure to Meet Legal Formalities – Under Irish law, a will must adhere to specific legal requirements to be considered valid. Notably, it must be in writing, signed by the testator in the presence of two witnesses, and signed by them. If these formalities are not fulfilled, the will may be open to challenge.
Fraud or Forgery – If the will was made fraudulently, altered without the testator’s knowledge, or forged, it can be challenged.
Failure to Provide for Dependants – Under the Succession Act 1965 and subsequent legislation, certain family members and dependents (such as a spouse, co-habitant, civil partner, or children) may challenge the will if they were not properly provided for.
Disputes Over Interpretation – Ambiguities or unclear language in the will may lead to disputes over its interpretation, and such issues can be challenged in court. Wills may be difficult to understand, so you should seek specialist advice if you are dealing with one that is unclear or has errors in it. Your Barrister will help you if you believe that (a) the person who drafted the will did not reflect the deceased’s wishes for how they wanted their estate to be distributed, or (b) there has been a clerical error. If you are involved in a dispute caused by unclear wording in the will, your barrister can advise in relation to applying to the court to interpret the will (a construction suit).

Time limits for contesting a Will

If you wish to contest a Will, you need to act quickly. There are strict time limits involved. The exact amount of time you have depends on the type of claim you are bringing.

For spouses claiming a legal share of the estate (section 111 claims) – you have six years from the date of death/end of right of the election period
For children claiming proper financial provision (section 117 claims) – you have six months from the date the Grant of Probate is issued
For cohabitees claiming proper financial provision (section 172 claims) – you have six months from the date the Grant of Probate is issued
For proprietary estoppel claims – you have two years from the date of death
Other claims are also subject to time limits, so it is vital not to delay when seeking expert legal advice from your Barrister.

Whether you are contesting a will or defending a claim made against an estate, our probate Barristers will provide strategic, practical, and expert advice to help you navigate the process and protect your interests.

Contact us today by phone or by email to arrange a consultation with an expert Probate Law Barrister.