Where there is a will there are relatives and where there are relatives there are disputes
It is a sad fact of life that inheritances generate disputes which sometimes lead to litigation.
Probate litigation in particular tends to be long running, expensive and bitter. It is important to obtain proper expert legal advice at the earliest opportunity. Proceedings under Section 117 of the Succession Act must be issued within 6 months of the date of probating the will.
We at Griffin Solicitors offer an initial consultation service in order to inform clients of their options. Contact John Griffin at (01) 4907651 and email your factual situation to [email protected] in order to obtain top class legal advice.
The principal grounds for challenging a will are:
Lack of Testamentary Capacity: the person who made the will (testator) did not have sufficient mental understanding to make the will.
Failure to make proper provision: the testator failed to make proper provision for his/her child as a just and prudent parent would have done. This application is normally made under Section 117 of Succession Act 1965.
Undue Influence: The circumstances of the making of the will are such that the person inheriting has an actual or presumed undue influence over the testator such that the will was not fairly made and should therefore be set aside.
Case Example 1 S.117 Application
Whilst a child has no automatic right to succeed a set percentage of his parent’s estate he can apply to Court if there has been a moral failure by the parent to make a just and proven provision for child. See Section 117 Succession Act 1965.