Grounds for Contesting a Will in Ireland
- posted in Wills
Will It Solicitors represent clients who have been unjustly cut out of wills as well as others who may have a claim against the estate.
There are several grounds for contesting a Will, including:
The validity of the Will:
Did the person intend to make a Will? Was it signed and witnessed properly? Was it the person’s last Will? Did he or she have the legal capacity to make a Will? Did someone else exert undue influence over the person making the Will? Is there any evidence of fraud or forgery?
The Will failed to make adequate provisions for family members and dependents of the deceased person: including spouses, civil partners, children, those cared for and supported like children, and those who were financially dependent on the deceased person.
The executors of the Will or trustees of the estate engaged in improper or unprofessional behaviour:
This may include mismanaging investments or administrative functions, being dishonest or unreasonable, having conflicts of interest, or misusing the powers granted to the personal representative.
The solicitor who drafted the Will or administered the estate acted negligently:
for example, the Will failed to make clear the deceased person’s intentions or failed to comply with the requirements of the law regarding signature and witnessing.
The Will disposed of property not owned by the deceased:
Examples of these might be homes that others had paid for in whole or in part.
