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Contesting a will

  • 08-05-2022 9:17pm
    #1
    Registered Users Posts: 7


    My mother passed away - suddently - got covid - dad already gone 2 years ago - he willed everything to her (i believe) as we never saw his will and wouldn't as we would want everything for mum anyhow

    Me and brother are only children.

    Sizeable estate where family home is worth over 1mill. 1/2 gone to my brother and 1/2 gone to mums recent 'boyfriend' who just took over when dad died and gave mum lots of attention after dad passed. He brought her to chemo appointments, brought on drives every day (despite being told to cocoon with lung cancer in a pandemic), brought her out to lunch and dinners and got to the stage where we had to make an appointment to call in to see mum. She would do nothing without his 'approval' and wouldn't listen to us as we could see the bigger picture of what he was after

    It got to the stage this 'boyfriend' told mum to ask us for the keys to the family home, he took down all photos of my dad and literally told mum he would stop visiting if he didn't include him in her will. She loved the attention he was getting from him. Myself and brother were so wrapped up in loosing our dad and rearing our children we couldn't give mum the attention she wanted - she wanted us both to give up our full time jobs to look after her which wasn't feasible.

    i've been left 10,000 providing i don't contest. i have a home with 2 children and work full time as a paye employee earning 50k. I am a Single parent in a house worth 350 and a mortgage of 100k. Always remained independent and never got a thing from my parents over the years.

    Brother is in a council house and was always getting money from mum whereas i remained independent. Brother has the jewellry, mums bank cards etc

    Considering contesting the will as Under section 117 i seem to have a case as the 'boyfriend' only appeared on the scene in last 2 years - but afraid of costs etc - has anyone done similar ?



Comments

  • Registered Users Posts: 80,313 ✭✭✭✭Atlantic Dawn


    Sorry for your loss.

    The will is a public document once probate has completed. My advice would be to firstly get hold of your father's will to see what it detailed, it could be a good starting point, more info here...

    https://www.citizensinformation.ie/en/death/before_a_death/making_a_will.html#:~:text=After%20probate%20has%20been%20taken,using%20Form%20PAS1%20(doc).

    Have you seen your mothers will? Does it detail €10k left to you or how is this coming about? Who is the executor? Your mum's bank accounts should be in the control of the executor once she passed.



  • Registered Users Posts: 247 ✭✭phildub


    You could contest under 117, or you could possibly contest due to undue influence . Speak to a solicitor and get proper advice.



  • Registered Users Posts: 1,337 ✭✭✭TheW1zard


    Contest it



  • Registered Users Posts: 2,344 ✭✭✭NUTLEY BOY


    So sorry for your loss and the subsequent upset.

    This is a most disturbing case history but not unheard of. In particular, it is amazing to see how the "boyfriend" has effectively arrogated himself to the virtual status of being a spouse, or even a civil partner, by virtue of his conduct which, to say the least of it, is rankly suspicious.

    +1 other views already expressed above.

    Legal advice not allowed here. There are many issues involved in this that need thorough investigation before you can even decide whether a section 117 application and or a challenge on other grounds is going to be justified. Please go to a solicitor who deals with this area [probate] and get them to do the requisite investigations and researches as they will know what to do.



  • Registered Users Posts: 7 Lavendarhill


    Thanks folks for taking the time to reply and wish me your condolences and kind advice

    I have engaged with a solicitor and hoping to meet next week - no rush on a thing as in time it will get sorted one way or another



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  • Registered Users Posts: 137 ✭✭Hontou


    Thanks OP. I'm in a similar situation in that my father died before my mother but his joint will with my mother expressed that all was to go to the surviving spouse and subsequently split between their surviving children. My mother then rewrote her will giving all to my brother and informed me of this. She is still alive but I'm thinking of contesting it after she dies. (She is nearly 90). Please update on how you get on and good luck.



  • Registered Users Posts: 472 ✭✭UrbanFox


    Very good - best of luck with it.

    IMHO you would need to be very wary of the time factor. If the boyfriend processes probate matters quickly you could end up with a situation where the assets are dissipated. Mention this concern specifically to your solicitor.



  • Registered Users Posts: 2,559 ✭✭✭endofrainbow


    Any solicitor that knows their stuff will be aware that there is a 6 month time limit from grant of probate wherein you can challenge a will.



  • Registered Users Posts: 5,899 ✭✭✭Jequ0n


    I’d be surprised if this guy hadn’t gotten his ducks in a row given how much time he had to work on this.

    Best of luck, you will need it.



  • Registered Users Posts: 11,758 ✭✭✭✭BattleCorp



    Much easier if you can convince her to rewrite her will to include you.



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