WILLS

WILLS

Grounds for Contesting a Will in Ireland.

The typical grounds for contesting a Will in Ireland are:

1.   Lack of testamentary capacity i.e. the testator did not understand the nature of what he was signing or the extent of his assets or who may have claims on his estate.

2.    Duress or undue influence. Another person, perhaps a relative of the testator, pressured or coerced the testator into making a Will or changing the Will against their own true wishes.

3.   Invalid execution. The execution of the Will does not comply with the Succession Act 1965, for example, it is not in writing or signed properly by the testator. It may also be invalid if only one witness signs the Will instead of the required two witnesses.

4.   Fraud or forgery. Perhaps the Will was forged, or the testator was deceived into signing the document.

5.   Failure to provide for children Section 117 application. This is the most common challenge to Wills in Ireland. This provision allows children or adult children of the testator to argue that the parent failed in their moral duty to make proper financial provision for them during his lifetime. It must be brought within six months of issue of the Grant of Probate.

6.   Failure to adequately provide for a spouse/partner.  Spouses and civil partners have established legal rights to a portion of the estate. This is regardless of any provision to the contrary in the Will. Under recent changes in the law, even cohabitants can apply to the court for financial provision if they were not adequately provided for and there are resources in the estate to correct such an omission.

    Summary: 

   You can still leave all your assets, should you wish to the Cats and Dogs Home but not if you pass away leaving a surviving spouse or children behind who have statutory rights or who will likely challenge such a Will in the High Court.