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Will

  • 24-10-2023 1:12pm
    #1
    Registered Users, Registered Users 2 Posts: 1,976 ✭✭✭Heighway61


    This hasn't happened, hypothetically only...

    A widower dies with three children, leaves property to eldest, leaves all cash to next eldest, leaves nothing to youngest.

    Reason being, youngest was "helped" considerably over the years financially by the widower. Cash from savings and loans in widower's name. Youngest was told verbally that this is their inheritance. No witnesses.

    Youngest intends to challenge the will. What are the chances of the challenge being successful?



Comments

  • Registered Users, Registered Users 2 Posts: 1,976 ✭✭✭Heighway61


    I read this under the heading Grounds to Contest, Children:

    "Whether the testator has already in his lifetime made proper provision for this child."

    How can it be shown that the testator provided?



  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    Who has access to the decreased's paperwork and bank records? Is the substantial support reflected there?



  • Registered Users, Registered Users 2 Posts: 2,839 ✭✭✭endofrainbow


    VERY hard to prove under Succession Act 1965 (section 117).



  • Registered Users, Registered Users 2 Posts: 2,232 ✭✭✭TooTired123








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  • Registered Users, Registered Users 2 Posts: 583 ✭✭✭Facthunt


    I know families where one gets left the farm and the other siblings get nothing!! And it’s not necessarily the poorest sibling either!!!!!!

    Never understood the real reason behind the decisions but from conversation with siblings who were left nothing got told that it’s too much hassle to divide the farm, etc etc



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