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Can I Challenge Someone’s Will If I Am Left Out Of It?

By : acelegal, February 7, 2018

A Will is a legally binding document that details how an estate will be disposed of after a person’s death. In an ideal world, people would be able to discuss their Wills with their families to avoid conflicts in the event of their death, but this is often not possible, and sometimes there is a case to challenge a Will if an interested party feels that he or she has not received enough from the deceased.

18954926 - last will and testament concept image complete with spectacles and pen.

Here at Irwin, Kilculllen & Co Solicitors, we specialise in Wills and Probate and we know that every case should be examined individually. Many people wish to challenge a Will because they have acted as a carer for the deceased for a period of time, and there is provision within the law for people who feel they have been unfairly treated to contest a Will in certain circumstances.

How Can I Contest A Will?

• Try mediation first. The best way to resolve any kind of dispute with your loved ones is to talk about it, either by informally chatting or through a professional mediator. This will give you the opportunity to talk about your concerns regarding any perceived unfair allocation of the property and estate of the deceased, and you may be able to reach an agreement that is satisfactory to all parties.

• Seek expert legal advice. It is very important to seek advice from a solicitor who specialises in wills and probate, and here at Irwin, Kilculllen & Co Solicitors, we will take the time to discuss your individual situation with you before we offer advice. If we believe that you may have a sound case for contesting the Will of your loved one, we will talk to you about the options and help you to make the right decision for you.

• Prepare your case. A clear understanding of the law around contesting a Will is very important, so talk to your solicitor about this. If you qualify for one of the categories of claimants in the Inheritance (Provision for Family and Dependents) Act 1975 (IPFDA), you are more likely to build a successful case. You must be the spouse or civil partner, former spouse or civil partner (who has not remarried), common-law spouse for at least two years, child, adopted child, fostered child or step-child of the deceased, or have been financially supported by him or her.

How Can I Ensure My Will Won’t Be Challenged?

In short, there is no way to guarantee that your Will won’t be challenged. However, there are ways to make this much less likely. Adding a supporting statement or an explanation within your Will to justify your decisions will help to show that your decision-making process was sound and reasonable, and it is also very important to ensure that your Will is kept updated as your circumstances change over the years.

Find Wills And Probate Solicitors in Cork

Have you made a Will? If not, or if you believe that your Will needs updating, you can talk to us at Irwin, Kilcullen & Co Solicitors. We specialise in Wills and probate law, and we will work with you to ensure the very best outcomes for you. Simply contact us online or call us today on +021 4270934 to see how we can help.