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Contesting a Will in Ireland

Contesting a Will in Ireland

Updated on Thursday 28th April 2016

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Contesting-a-Will-in-Ireland.jpgA will is a document which, customarily, is written down by the testator (the person designing the way in which his or her inheritance will be shared amongst the members of the family) in order to legally stipulate the manner in which the material and financial assets will be inherited by the family, local community or others.
 
Due to various reasons, members of the family, or other persons who can be legally entitled to the inheritance, can contest the will if they consider they haven’t received a proper 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 contested and our team of Irish solicitors can provide you with an in-depth presentation on this matter. 

 

Wills legislation in Ireland  

 
A will can be contested in Ireland only after the testator passed away. The Irish legislation stipulates several legal situations in which persons are allowed to contest the validity of the document. The legal grounds are stipulated under the Succession Act 1965
 
A will is considered valid under the Irish legislation if the testator comprises the following three conditions: 
 
the testator is above 18 years old;
the testator has full mental capacity;
the testator has not been influenced or forced by third parties to write down a stipulation which is not in accordance with the testator’s wish; our team of Irish lawyers can provide more details in this sense. 
 

Grounds on which a will can be contested in Ireland 

 
In the situation in which a person considers that he or she should contest the will, the action can be performed in accordance with the above mentioned stipulations. As such, a will can be contested if the testator has an age below the legal requirement or if he did not have full mental capacity. 
 
The stipulations of the document can be challenged if another person can demonstrate that the testator was forced to write a specific provision against his wish. 
 
Another way in which the will can be contested is related to a provision of the Succession Act, which specifies the amount of inheritance entitled for family members. If the spouse or the children of the testator consider they have inherited less than were supposed to, they can address to a court, which, under the Section 117 of the Act, will act on the behalf of the family members to modify the stipulations of the will
 
Persons who need to receive more information on the ways in which a will can be contested in Ireland can address to our Irish law firm for legal representation. 
 

Comments

  • Joanna 2016-04-26

    The process of contesting a will is quite long and it has to be performed within a period of time after the testator passed away. It is avisable to receive legal assistance before starting any legal action, to see if there are any stipulations that can be challenged in the court.

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