If you are a beneficiary in a will, or you believe you should have been
and need advice, contact:
Claims in relation to wills can arise for a number of reasons including:
- Allegations of undue influence i.e. that the testator or person who made the will, was coerced by somebody into making the will in a certain way.
- Allegations of inadequate capacity to make a will i.e. where evidence is available, medical or otherwise, that somebody did not have appropriate mental capacity to make a will.
- Where the will itself is not "under attack" but promissory estoppel arises i.e. where someone claims that he/she was promised the property and relied on that promise, to his/her detriment, but then finds later that a will states otherwise.
There is a restriction on the discretion of the testator to dispose of their property as they wish. A surviving spouse is entitled to one half of the estate where there are no children or one third of the estate where the testator died leaving children. Thus if a surviving spouse has been left less than this, they have a right to challenge the terms of the will and insist upon the satisfaction of their particular share. Children do not have a similar right but they can bring a court application in an effort to prove that the testator "has failed in his/her moral duty to provide".
For confidential, sensitive and practical advice, if you find yourself in these situations, contact John A. Sinnott & Co. solicitors today.
Visit also www.myinheritance.ie