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Challenging a Will not submitted into Probate

  • 01-05-2015 1:28pm
    #1
    SteelyDanJalapeno
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭


    Hi,

    Have a very little knowledge around wills and family law, if it even falls under that umbrella, but quick question.

    Can somebody challenge a will within the 6 months of death, even if the will has not been submitted for probate?


Comments

  • #2
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,254 ✭✭✭✭Peregrinus


    Why would you want to challenge a Will that has not been admitted to probate?


  • #3
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    No.


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    A defendant is required if legal action is to be initiated. I'm no expert in the area of probate litigation. However, I seem to recall that that unless a Grant of Administration has been extracted, application must be made to court to appoint a nominal defendant for the purposes of litigation.


  • #5
    SteelyDanJalapeno
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭SteelyDanJalapeno


    Peregrinus wrote: »
    Why would you want to challenge a Will that has not been admitted to probate?

    If somebody doesn't agree with it?


  • #6
    SteelyDanJalapeno
    Registered Users, Registered Users 2 Posts: 14,378 ✭✭✭✭SteelyDanJalapeno


    Mr. Incognito wrote: »
    No.

    This doesn't make sense to me, if the Executor is lets say the whole beneficiary, why would they ever submit for probate before 6 months


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  • #7
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    TiltedBrain wrote: »
    If somebody doesn't agree with it?

    Not a sufficient reason imho

    Talk to a solicitor


  • #8
    Peregrinus
    Registered Users, Registered Users 2 Posts: 27,254 ✭✭✭✭Peregrinus


    TiltedBrain wrote: »
    If somebody doesn't agree with it?
    But unless and until it's admitted to probate, it's not going to take effect. So (even assuming you have some grounds for challenging it beyond "I don't like it") why challenge it?


  • #9
    NUTLEY BOY
    Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    TiltedBrain wrote: »
    If somebody doesn't agree with it?

    The mere fact that someone does not agree with the contents of a will does not provide an automatic foundation to challenge it.

    You need to have a proper legal foundation upon which to base a challenge. That is a matter on which proper legal advice from a solicitor would be required.

    If you are thinking of litigating the matter be aware that the legal costs associated with this type of case can be huge - especially of you lose.


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