A Will can be challenged in Ireland for several reasons, including:
- Lack of testamentary capacity – where the person making the Will did not fully understand what they were signing, the extent of their assets, or who might have a claim on their estate.
- Undue influence or duress – where someone pressured or coerced the testator into making or changing a Will against their true wishes.
- Invalid execution – where the Will was not properly executed in accordance with the Succession Act 1965, for example if it was not correctly signed or witnessed by two witnesses.
- Fraud or forgery – where the Will was forged or the testator was deceived into signing it.
- Failure to provide for children – under Section 117 of the Succession Act, children may claim that a parent failed in their moral duty to make proper provision for them. These claims must generally be brought within six months of the Grant of Probate.
- Failure to provide for a spouse, civil partner or qualifying cohabitant – spouses and civil partners have clear legal rights to a share of an estate, regardless of the terms of the Will. In some cases, cohabitants may also apply for financial provision.
In short: you may wish to leave everything to the Cats & Dogs Home, but surviving spouses or children may still have grounds to challenge the Will in the High Court.
If you have any questions our specialized team is here to help.
You can contact McCormack Solicitors on
Email: info@carolmccormacksolicitors.ie
Phone: 071 9621846
www.carolmccormacksolicitors.ie
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The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.