Contesting a Will: Killorglin
Unhappy with how an estate has been left? Time limits can be short. Get clear advice on whether you have a claim.
Challenging a will
Not everyone who is disappointed by a will has a legal claim, but some people do. We give honest advice on your position and the best way forward.
Possible claims
- Section 117: a child argues a parent failed in their moral duty to provide for them.
- Legal right share: a surviving spouse or civil partner's statutory entitlement.
- Promissory estoppel: reliance on a promise, such as being told the house or farm would be left to you.
- Invalidity: lack of capacity, undue influence or problems with how the will was signed.
Do not delay
A Section 117 claim must generally be brought within six months of the grant of probate.
Contact Us
Concerned about a will in Killorglin? Talk to Michael O'Donoghue or Patrick F O'Connor in confidence.
Frequently Asked Questions
Is a Section 117 claim easy to win?
The bar is high. The court looks at whether the parent failed in their moral duty, taking all the circumstances into account.
Can I stop the grant of probate?
In some cases a caveat can be lodged. Get advice quickly.
Will it go to court?
Many claims settle through negotiation or mediation.
Can I get a copy of the will?
Once a grant of probate issues, the will is a public document. Before that, executors are not always obliged to show it.
Who pays the legal costs?
It depends on the outcome and the court's view. We explain the cost risks before you decide to proceed.
.webp)
