Contesting a Will FAQ’s2024-02-26T22:47:34+00:00
Can a will be contested?2024-03-12T22:26:00+00:00

A will can be contested on various grounds, including challenging the validity of the will, claiming that the testator did not have capacity to make a will or was under the undue influence of another person at the time the will was made.

Click here to read more

Can you contest a will if you’re not in it?2024-03-12T22:26:00+00:00

Any person who claims to have an interest in an estate can contest a will. Usually a claim is made by aggrieved family members who were excluded from a will but some claims, such as a claim for estoppel, can be made by any person who relied to their detriment on a promise made by the testator.

Click here to read more

When can you contest a will?2024-03-12T22:26:00+00:00

A will can only be contested after the death of a testator as it does not take effect prior to then.

Click here to read more

Can a will be contested after probate?2024-03-12T22:26:00+00:00

Yes. A will can be contested after a Grant of Probate has issued. In some cases, it is necessary to wait until after a Grant of Probate has issued before commencing proceedings.

Click here to read more

How long do you have to contest a will?2024-03-12T22:26:00+00:00

The timeframe for bringing an action to contest a will depends on the relief sought.

Click here to read more

How much does it cost to contest a will?2024-03-12T22:26:00+00:00

The cost of an action will vary on a case by case basis depending on the complexity of the estate, the length of the court hearing etc.

Click here to read more

Who pays to contest a will?2024-03-12T22:26:00+00:00

Costs are at the discretion of the court. However, the practice in Ireland has been that the costs are usually paid out of the estate provided the litigation is reasonable in the circumstances and it was conducted bona fide.

Click here to read more

What happens when a will is contested?2024-03-12T22:26:00+00:00

Legal proceedings are issued in the court office to commence an action to contest a will. Pleadings will then be exchanged between the solicitors and the case will be set down for hearing before a judge.

Click here to read more

How long does it take to contest a will?2024-03-12T22:26:00+00:00

Every case varies depending on the circumstances. It is difficult to estimate as it will depend on the backlog in the court lists, the speed at which the pleadings are delivered by the party defending the application and whether parties can resolve matters outside of court.

Click here to read more

What are the chances of successfully contesting a will?2024-03-12T22:26:01+00:00

The merits of each case will be determined based on the specific facts so the chances of success will vary on a case by case basis.

Click here to read more

Go to Top