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Statute of limitations on questioning a Will?

  • 13-03-2012 11:16pm
    #1
    Corruptable
    Registered Users, Registered Users 2 Posts: 317 ✭✭


    Anyone know what the current statute of limitation is with regard to questioning a Will?


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 2,991 ✭✭✭McCrack


    What do you mean by questioning? You need to give more info. There are many time limits and notice periods re administration of an estate depending on who you are and what you are questioning.


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    McCrack wrote: »
    What do you mean by questioning? You need to give more info. There are many time limits and notice periods re administration of an estate depending on who you are and what you are questioning.

    +1 and where the process is at - (1) has someone applied for probate (2) has probate been granted?


  • #4
    Reloc8
    Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    - For a claim pursuant to S. 117 Succession Act 1965, i.e. child or children challenging the will on the basis of them being inadequately provided for, the proceedings must be commenced within six months of a grant of probate being issued (source S. 117 Succession Act 1965, as amended by Family Law (Divorce) Act 1996).

    - An action in respect of any claim to the estate of deceased person generally, or to any share or interest in the estate, must be commenced within six years from the date when the right to receive the share or interest accrued (S. 45 Statute of Limitations Act 1957 as substituted by S. 126 Succession Act 1965) - that's irrespective of when a grant of probate was taken out or if one was taken out.

    - For a claim against a deceased person where the cause of action is said to have survived his or her death and it is intended to recover against the estate, the proceedings must be commenced within two years of the death or within the limitation period provided for by the Statute of Limitations 1957 had the person not died, whichever period expires first (S. 9 Civil Liability Act 1961). Again that's irrespective of when a grant of probate was taken out or if one was taken out.

    OP those are all strict time limits which can't be extended. Anyone looking to take an action against the estate of a deceased person or on foot of a will needs to get legal advice and representation from a good solicitor promptly.


This discussion has been closed.
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