Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

will fee

Options
  • 04-07-2012 7:04pm
    #1
    Departed
    Registered Users Posts: 306 ✭✭


    How much would solicitor charge to do will. How long does it take?

    What ground would a section 117 be made? if the parent left it all to one or two could it be challenged by the others.? How is it their last wish if they do not want to leave someone anything and then the person can claim under section 117. Is that not going against the last wish


Comments

  • Options
    #2
    lawfilly
    Registered Users Posts: 66 ✭✭lawfilly


    There are a number of grounds on which the judge may adjudicate a Section117 application with heavy reliance on aspects proper provision for the child taking the application.

    You would be best advised to seek legal advice from a solicitor to assess whether you would have ground to issue proceedings. Its a heavily qualified application and not taken lightly by the courts. Just because you are the child of the deceased does not automatically entitled you to a legal right share unlike a spouse.

    Someone may correct me if Im incorrect but you have 6 months to issue proceedings from date of grant of probate.


  • Options
    #3
    Departed
    Registered Users Posts: 306 ✭✭Departed


    lawfilly wrote: »
    There are a number of grounds on which the judge may adjudicate a Section117 application with heavy reliance on aspects proper provision for the child taking the application.

    You would be best advised to seek legal advice from a solicitor to assess whether you would have ground to issue proceedings. Its a heavily qualified application and not taken lightly by the courts. Just because you are the child of the deceased does not automatically entitled you to a legal right share unlike a spouse.

    Someone may correct me if Im incorrect but you have 6 months to issue proceedings from date of grant of probate.
    Thanks but I am not in that situation. My situation is i have been asked to help some one make one. hence the qiuestion re fee.

    The bit about section 117 is something that made me curious as to what grounds a child could use ths on. If it is the persons last wish to exclude someone how can they over ride that

    twelve months?


  • Options
    #4
    lawfilly
    Registered Users Posts: 66 ✭✭lawfilly


    Unfortunately you'll have to call around to solicitors to find out a fee for this kind of work.

    As I said it depends heavily on the situation of the child such as current financial situation, what provision was made for them by the parent through out their life, which could be things like education, bought them a house etc, etc.

    Honestly, its a legal professional you need here!


  • Options
    #5
    Delancey
    Closed Accounts Posts: 5,451 ✭✭✭Delancey


    There was a time that some Solicitors did Wills for free or in return for a donation to a nominated charity - not sure if that still happens given potential liability issues.


  • Options
    #6
    valleyoftheunos
    Closed Accounts Posts: 2,332 ✭✭✭valleyoftheunos


    Departed wrote: »
    How much would solicitor charge to do will. How long does it take?

    What ground would a section 117 be made? if the parent left it all to one or two could it be challenged by the others.? How is it their last wish if they do not want to leave someone anything and then the person can claim under section 117. Is that not going against the last wish

    "challenging" a Will isn't really the correct term for what s117 allows, if a child of the testator feels that the testator has failed "to make proper provision" for that child then they may make an application under s117 to have the terms of the will varied so that provision can be made for them out of the testator's estate.

    There are a lot of considerations in deciding whether such provision has been made and includes provision during the parent's life, the parent's means etc. The fact that the will may appear unfair or unjust is not sufficient. It is complex and only a qualified experienced solicitor who knows the full circumstances of the case would be able to advise properly. The application is time limited so best not to delay too much.


  • Advertisement
  • Options
    #7
    234
    Registered Users Posts: 1,529 ✭✭✭234


    There is a very recent case, can't find the report but it was in the Times, where the terms of the will were modified after a s117 applicaiton where the father had left the entire family business to one son and nothing to the other. Both were adults and living independently.


  • Options
    #8
    keano007
    Registered Users Posts: 293 ✭✭keano007


    234 wrote: »
    There is a very recent case, can't find the report but it was in the Times, where the terms of the will were modified after a s117 applicaiton where the father had left the entire family business to one son and nothing to the other. Both were adults and living independently.

    There are some brilliant examples of cases involving applications under Section 117. Ones that come to mind are Re:IAC, Re:ABC and McDonald v McDonald


Advertisement