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;
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.