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squatters rights & contesting wills

  • 10-05-2008 1:21pm
    #1
    sara025
    Closed Accounts Posts: 67 ✭✭


    Hi,
    I was looking all over the place online for information on squatters rights and also on contesting a will...
    I have found alot of information already but still have one or two questions...I am not seeking legal advice, this is an area that has interested me since this happened so thats why I am researching information on it...so I hope I'm not breaking any forum rules by asking...the main reason is I am seriously thinking of studying law as soon as my daughter is a little older so I try to research and keep on top of laws etc. as much as I can.

    My grandparents have 5 daughters, and a few years back, when they got too old to keep farming the land, they signed over the deeds of all their land (55+ acres) to one of their daughters, and told her certain things on the land were for each of the other sisters...but this was'nt in any contract or anything, my grandfather just assumed that his daughter was a good person and would do what he asked for the rest of his daughters...she didnt give them anything, but anyway thats besides the point...

    Anyway my grandparents have passed away (my grandfather just 2 weeks ago) and the man is no sooner in his grave when this daughter decides she wants the last remaining daughter out of the family home so she can rent it out...this other daughter is nearly 50 and has lived back at home for the last 15 years caring for both my grandparents while the were sick, and now is alone in the home, no job, no assets, you get the point...

    The rest of the siblings can live with the deeds being in their sisters name for the past few years, even though some of the land was promised to them and they never got it...and have dealt with that fact that she is greedy......
    but after my grandfather passed away two weeks ago, and she has announced that she has given her sister a few months to get out and find somewhere else to live, they have all kicked up about this...they believe it is unfair to the sister as she has spent so long caring for their parents and has no assets etc.....

    So...my question was could the sibling living at home claim squatters rights? Also if the rest of the siblings wanted to give their sister (who has everything) a kick up the arse could they contest the will since their father died, demanding that each sibling has to be treated equally and provided for equally?

    Also I think I read somewhere about a time limit on contesting a will?

    I appreciate any comments/information, thankyou for reading :)


Comments

  • #2
    CantGetNoSleep
    Registered Users Posts: 7,205 ✭✭✭CantGetNoSleep


    Two pieces of legislation that will interest you are the Statute of Limitations 1957 and the Succession Act 1965


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    There are several factors at work here including a possible claim that it was a transfer without consideration therefore that there was undue influence, or that the property was trasnfered subject to a right of residence

    you need professional advice

    but on a general note, adverse possession or squatters rights as its commonly known only means that if you've been in possession of land for 12 years without the permission of the owner, he's barred from initiating proceedings to eject you and the land is yours


  • #4
    McCrack
    Registered Users Posts: 2,968 ✭✭✭McCrack


    If this cannot be resolved within the family professional legal advice is needed.
    On the facts u have given there are legal recourses for the siblings.
    Once a grant of probate have been issued there are time restrictions upon which a person/s may challenge it.


  • #5
    Victor
    Registered Users Posts: 78,233 ✭✭✭✭Victor


    It a little bit complicated, especially as the transfer was a long time ago. Get advice from a solicitor, the sooner the better.
    sara025 wrote: »
    So...my question was could the sibling living at home claim squatters rights?
    Assuming she lived with the grandparents, she was living their by permission. Permission defeats adverse possession. If the other sister didn't live there an argument could be made that that sibling + grandparents held the property in adverse possession.
    Also if the rest of the siblings wanted to give their sister (who has everything) a kick up the arse could they contest the will since their father died, demanding that each sibling has to be treated equally and provided for equally?
    This risks turning into a family feud, don't let that happen.


  • #6
    Ginger83
    Registered Users Posts: 3,414 ✭✭✭Ginger83


    Could all sisters not take a case of contesting the will to have the land divided equal amoung them. Maybe your grandparents were not of sound mind or taking enough consideration when deciding what to do with deeds.


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  • #7
    josie j
    Closed Accounts Posts: 1 ✭josie j


    Hi Sara
    I see this post was put on good while ago but i am wondering what the outcome was,if any?? I know of similar situation so would be really interested in answer if you dont mind..
    Thanks
    Josie


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