Can a will be contested?

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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.

A claim can also be made by a child, spouse or co-habitant if proper provision has not been made for them.

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

Can you contest a will if you’re not in it?

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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.

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

When can you contest a will?

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

For some reliefs the Grant of Probate or Grant of Administration must be extracted prior to the commencement of the action. As the time limits differ depending on the relief sought, it is advisable to seek advice at the earliest opportunity.

It is important to note that you cannot bring an action against the Executor for failure to administer the estate until the first anniversary of the death of the testator.

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

Can a will be contested after probate?

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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.

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

How long do you have to contest a will?

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

  • A Section 117 application by the children of the testator must be brought within 6 months of the Grant of Probate being issued.
  • A Section 172 application by a cohabitant of the testator must be brought within 6 months of the Grant of Probate or Grant of Administration.
  • The right of a spouse to elect to take the legal right share must be exercised within six months of receipt of notification or within one year of the date of death.
  • A claim for estoppel must be commenced within two years of the date of death.
As the time limits differ depending on the type of claim being brought, it is advisable to seek advice at the earliest opportunity if you believe you have a valid claim against an estate.
How long do you have to contest a will?2024-03-12T22:26:00+00:00

How much does it cost to contest a will?

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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.

At the outset of your case, a solicitor is required to give you an estimate of the likely cost.

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

Who pays to contest a will?

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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.

It follows from the test that if a court finds a claim unreasonable or frivolous, a costs order could be made against the claimant.

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

What happens when a will is contested?

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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.

The judge will hear from both sides and make a decision based upon the evidence before him or her.

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

How long does it take to contest a will?

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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.

If an amicable resolution can be obtained, it usually cuts down the length of time significantly. Our experienced solicitors endeavour to reach a satisfactory outcome at the earliest possible opportunity.

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

What are the chances of successfully contesting a will?

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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.

Once you provide the background and instructions to one of our experienced solicitors, they will be in a position to advise on the merits of your case.

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