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Contesting a will of estranged family member

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  • 14-04-2021 3:46pm
    #1
    buttercups88
    Registered Users Posts: 764 ✭✭✭


    Asking on behalf of a friend.

    Would it be possible for an adult son/daughter to contest a will of a parent if they have been estranged from the parent since before the will was written. The parent has a terminal illness and has been in and out of hospital for a long time and there has been no attempt by the "child" to get in contact. They are aware of the situation and have chosen not to be in contact.

    The parent is stressing over the will and has received conflicting advice saying that if the child isn't mentioned in the will than they cant contest, someone else said this is untrue.

    Thanks in advance


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    #2
    3DataModem
    Registered Users Posts: 3,970 ✭✭✭3DataModem


    Firstly:
    Anyone can contest a will.
    There is often advice given that not mentioning a person in a will makes it easier to contest it, but I don't know if that's really true.

    Secondly:
    Under Section 117 of the Succession act, a child can make a claim that a parent has "failed in their moral duty to make proper provision for the child according to their means".

    In 2003 this was interpreted as:
    - is the child of an age where they may reasonably expect support?
    - is the child in a situation where they may reasonably expect support?
    - have they already partially discharged that obligation (handed over cash, a house, etc)?
    - does the child have talent that should be fostered?
    - does the child have a disability that should be supported?
    - has the child worked in the family business?

    ... and it depends on the means of the parent.

    The court can make provision, but it cannot rewrite a will.

    The claim must be made within 6 months of the grant of probate (which is a very short timescale, bearing in mind the child may not be aware the parent has been probated and doesn't have to be made aware).


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