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.
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.
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