Failure to comply with will formalities:

For a will to be valid, the testator must be over the age of 18 and of sound mind, it must be a written document signed by the testator with two witnesses present, and then signed by the two witnesses in the testator’s presence. Furthermore, the witnesses cannot be beneficiaries or the spouse of a beneficiary as this will nullify any benefits addressed to them in the will. If any of these requirements are not met, there may be grounds for contention.

Lack of testamentary capacity:

The owner of the will must be mentally able to understand the document's content and effect. Factors that may demonstrate a lack of capacity includes dementia, intoxication or mental illness, however these will generally need to be evidenced via independent expert reports.

Undue influence:

If there has been external pressure exerted on the testator to create a will that reflects their wishes rather than the testator’s, there may be grounds for contest under undue influence.

Fraud or forgery:

Fraud involves the deliberate action of creating an illegitimate will to benefit themselves, usually through monetary gain. Similarly, forgery is a sub-category of fraud and involves a third party altering the will’s content or forging the testator’s signature. If you have reason to believe that a will is fraudulent, you may be able contest it.

Failure to provide for spouse or children according to the Succession Act 1965:

Legally, the spouse is generally entitled to a share of the estate whether a provision was included in the will or not. Under Section 111 of the Succession Act, ‘if a testator leaves a spouse and no children, the spouse shall have a right to one-half of the estate.’ Similarly, it states, ‘if the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate.’ The legal right shares take priority over any devises or bequests in a will. Furthermore, a spouse may elect to take the family home, however the election must be made within a year from the date of the grant of probate or within six months of receipt of notification of their inheritance, whichever is later.

For a child of the deceased to contest a will, they will have to satisfy the provisions under Section 117 of the Succession Act. If the court finds that the testator has not adequately provided for the children from the perspective of ‘a prudent and just parent’, they may order a provision from the estate for the child that they believe to be just. The application must be made within 12 months from the first taking out of representation of the deceased’s case.

At P.A. Duffy, we specialise in supporting and advising clients through difficult legal disputes. Our expert team ensures the highest quality service to decide upon the appropriate remedy based on your case. We pride ourselves on providing excellent client care and utilising our experience to provide expert legal advice.

If you have been affected and wish to speak to a member of our team, please get in touch via the following channels

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