CONTESTING A WILL IN IRELAND
This process is also known as “Challenging a Will”, “Contesting a Will” or “Disputing a Will”. Family members or other people who can be legally entitled to the inheritance, or believe they deserve to be part of the will and were wronged can contest the will in Ireland. If they believe they have not received a fair share of the inheritance or if they are not mentioned in the document. There are a number of reasons on which a will can be challenged, our solicitors at Gibson and Associates can help provide you with legal advice for your best possible outcome.
You should get advice immediately if you are looking to contest a will, as there are strict timeframes that need to be complied with depending on your case.
The main reasons to challenge a will are:
- Undue Influence
- Validity of the will
- Construction of the will
- Lack of testamentary capacity
- The will does not provide for a spouse or children in accordance with the Succession Act 1965
A claim of undue influence is made where there is a belief that someone was under the influence or coerced into making a will without their wish to do so and benefited themselves. Positive evidence must be presented by the claimant proving that the testator was coerced by a particular person, and thus there is a high burden on the claimant to provide the court with enough proof.
Lack of testamentary capacity
A will can be contested by claims that at the time testator did not have the capacity to make the will and had no idea what they were doing.
The test that is carried out by the court to check the testamentary capacity:
- Comprehend and appreciate the claims he or she is putting into effect
- Having a full understanding of the act and its effect
- The nature and understanding of the property the testator will be disposing
Therefore, a claimant must show that the testator did not understand what he or she was signing in order to successfully challenge a will due to lack of capacity.