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Contesting a Will: The Top Five Problems

By : acelegal, November 18, 2016

The reading of a will is often a cause for contention, and in many cases it can be much more complicated than the deceased intended. There are several issues which can be raised to make the execution of a will problematic, and these serve to highlight how important it is to ensure that your will is drafted correctly and clearly by a reliable solicitor.

Here at Irwin, Kilcullen & Co Solicitors, we know that a will needs to be well written in order to avoid problems and arguments arising when it is needed. The common issues that arise can cause years of difficulties and frustrations, which can be stressful and upsetting for your family and loved ones.

Five Reasons Why You Need a Well Drafted Will

1.    Mistakes. If a will is originally drafted containing mistakes, this can be extremely problematic to correct. If you are writing your will, ensure that you choose an experienced solicitor who will provide you with a clear and watertight document, avoiding the need for your relatives or loved ones to seek legal advice to contest mistakes.

2.    Forgery. There are more cases than you might imagine that involve will forgeries, where claimants have tried to alter a will for their personal gain. Sometimes this is the result of a vulnerable person being pressured into making amendments to their will.

3.    Questions of validity. A will may be challenged if there is any question over the mental capacity of the deceased, which can be very difficult to investigate retrospectively. Your solicitor will talk through your options with you, whether you are writing your will or challenging someone else’s, so that you can make the best decisions in your situation.

4.    Sharing an estate. The most common reason for contesting a will is when a person feels that they should have been allocated a share, or a larger share, of an estate. Sometimes this can cause big problems during the execution of a will, and we often see cases where individuals have been left in hardship because they have not been mentioned in a will, especially if the will was written a long time ago and has not been updated to reflect changes in circumstances.

5.    Living arrangements. Joint property ownership or cohabiting can cause complications when it comes to executing a will. The right to continue living in a house that has been willed to the children of your partner, for example, can be a contentious issue. Inheriting a share in a property can also lead to conflict, usually when parties disagree on whether to live in it or sell it.

Find Will and Probate Solicitors in Cork

Whether you want to write your first will, update or amend your will, or contest the will of someone else, consulting a solicitor who specializes in this area should be your first step. Contact Irwin, Kilcullen & Co Solicitors in Cork for a free consultation without obligation. Simply contact us online or call us today on +021 4270934 to talk to our experienced and helpful team.