Contesting wills in practice?

WhiteWalls

I am aware that each sibling has a right to a percentage of their parents estate. However what actually happens in most cases where these come to court?

Would an applicant be more liable to recieve their share if they are less well off than the sibling who got the estate? They always just seem real messy with no winners at the end of the day.

What factors do judges usually consider in reaching a decision?

P. Breathnach

WhiteWalls wrote: »

I am aware that each sibling has a right to a percentage of their parents estate....

Not so.

WhiteWalls

P. Breathnach wrote:

Not so.

I think you are correct actually. One can make a 117 application

NUTLEY BOY

Here is a link to section 117 http://www.irishstatutebook.ie/eli/1965/act/27/section/117/enacted/en/html#sec117

AFAIK the Succession Act 1965 does not create an automatic right to an inheritance where there is a will.

S. 117 contains some conditionality as distinct from an absolute right.

OP might be thinking of the situation where the deceased dies intestate in which case it is generally 2/3 to the spouse and 1/3 distributed equally amongst the children. See Part VI for the rules of distribution on intestacy.

S.117 applications may suffer the same problems as other contests namely that the costs of fighting the issue might swallow up any gain and any decision will probably turn on the specifics of the particular case and that may not be as predictable as people might think that it should be.

MarkAnthony

+1 on above; the main beneficiary of S117 applications are the respective legal teams.