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issue with a will

  • 04-10-2014 2:55pm
    #1
    buttercups88
    Registered Users, Registered Users 2 Posts: 764 ✭✭✭


    Can someone advise if a parent leaves a sum to a child who has been estranged for several years can this child still contest the will


Comments

  • #2
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Yes.


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


    buttercups88 wrote: »
    Can someone advise if a parent leaves a sum to a child who has been estranged for several years can this child still contest the will

    To get more money?
    Are all the children now adults?
    What will be the basis for the claim? S.117 perhaps ....


    117.—(1) Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.

    http://www.irishstatutebook.ie/1965/en/act/pub/0027/sec0117.html#sec117

    The children have no automatic right to any share of a parent's estate unless they can make a case as above.


  • #4
    buttercups88
    Registered Users, Registered Users 2 Posts: 764 ✭✭✭buttercups88


    Child is adult now and chose to have no relationship with them most their adult life (10+years) despite effort on deceaseds part


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    buttercups88 wrote: »
    Child is adult now and chose to have no relationship with them most their adult life (10+years) despite effort on deceaseds part


    Its simple any child may contest a parents will, the only important question is will any such action succeed, only a solicitor with all the information can fully answer that question.


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