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Can she contest the will?

  • 07-05-2009 6:47pm
    #1
    Registered Users, Registered Users 2 Posts: 36


    Hi,

    Hoping someone has gone through the same kind of thing and can offer help.

    My partner's parents are both deceased. Her mother died first and in the joint will along with her father they left the family home to my partner who was the youngest and only sibling still left living in the house.

    When the mother died the father fell to pieces and turned to alcohol and in his old age his mind started going. During this time a couple of the siblings got in his ear about changing the will into all of their names so that if my partner got married her husband couldnt take half of the house (ridiculous in my mind). So of course he agreed so he was escorted to his solicitors and the will was changed.

    My partner was only told about this when her father died.

    So its been 8 months since her dad died and the will still hasnt been read and no sign of it being read either.

    My question is - why has there been such a delay in the will reading and does my partner have a case if she contests the will seeing as her dad wasnt of sane mind and the original will stated that it was her mother's wishes that she get the house?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The answers is talk to a solicitor there are provisions under the succession act which can be applied to a case similar to this, but in any case it turns on the facts and precisely what is in the will. The period for the application I refer to is 6 months.

    Forum Charter is no legal advice. I am sorry.


This discussion has been closed.
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