Contesting a Will
If a loved one has recently died and you have an interest in their estate, and you believe there are irregularities with their will or you have concerns with how the administration of the estate is being carried out, you may have grounds to bring a case against the estate.
In Ireland, the main grounds for contesting a will are lack of testamentary capacity, undue influence, fraud or forgery, and failure to comply with legal formalities such as proper signing and witnessing. A will can also be challenged if it fails to make provision for a spouse, civil partner, or child, and in some cases other dependants may also have claims.
For an estate more generally, disputes can also arise over the conduct of executors or trustees, negligence in the administration of the will, or where the will deals with property the deceased did not own. Under Irish law, children can bring a claim under section 117 of the Succession Act 1965, and spouses may claim their legal right share
By contacting the probate litigation experts at Gibson & Associates LLP, we can provide the legal guidance and support you will require when challenging a will. We understand how stressful these circumstances can be, and will work to support you compassionately through each step of the process.
Our team can help you understand whether you have grounds for contesting a will, before advising you on how to proceed with a probate dispute and representing you in court if necessary.
We understand that challenging a will may be a distressing experience, which is why we will always work in accordance with your wishes and needs, and help you achieve the best possible outcome with as little stress as possible.
To discuss any aspect of contesting a will or the contentious probate process with us, call Gibson & Associates LLP on +353 (0)1 264 5555 or alternatively, complete our Online Enquiry and we’ll be delighted to help you
Our Contentious Probate Services
At Gibson & Associates LLP, our expert team of solicitors can help you find out whether you have grounds to contest a will and provide you with the legal support you need to achieve a positive end result.
The team at Gibson & Associates LLP can help you if you are:
- Questioning the validity of a will
- Claiming a share of the estate even though they have not been named as a beneficiary
- Claiming a larger share of the estate because they feel they have not been provided for adequately
- Wanting to remove executors or administrators
- Suspicious of executors or administrators who have acted negligently or fraudulently
If you are looking to contest a will, it is important to contact a solicitor as soon as possible to ensure that the right outcome can be reached in a timely manner. Our lawyers will work swiftly to accomplish this, taking into account your specific needs and circumstances.
Our team has worked with private individuals, trustees and beneficiaries across Ireland, the EU and overseas, and will treat your case with the sensitivity it deserves.
Frequently Asked Questions
When can a will be contested?
A will, trust or estate can be formally challenged during the probate process – a process also known as contentious probate or probate litigation. A relative or loved one may potentially choose to challenge the will or estate when there are concerns about its legitimacy, or because an executor has behaved inappropriately.
Probate litigation may arise on the following grounds:
- If the person who made the will lacked testamentary capacity, meaning they were not mentally capable of making a legally binding will
- If it can be proven that another party exerted undue influence over the person making the will
- If the creator of the will lacked knowledge of its contents
- If the will can be proven to be forged or fraudulent
For help resolving a probate dispute, you need to appoint an executor or administrator to make a deal that suits all parties involved.
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