The distribution of an individual’s estate following their passing can often raise complex and sensitive concerns for the people they leave behind and these concerns can unfortunately ultimately lead to disputes down the line.

At Hughes & Associates Solicitors we are seeing an increase in disputes relating to Wills and Probate, which we believe is accountable in part to:

  • An increase in value of Estates – perhaps due to rises in property prices.
  • An increase in co-habiting couples – where one party dies having not made a Will, there is no automatic provision in the Irish intestacy rules for the surviving partner, leaving them with little option but to consider challenging the estate.
  • An increase in ‘second’ families
  • The COVID pandemic
  • The economy.

The most ideal measure to prevent Will and Probate disputes from occurring is to make sure that your Will is drafted by a Specialist Wills Solicitor.

This will ensure that the Will incorporates all of your wishes with precision and clarity and most fundamentally, that the Will is valid when it is signed.

If you believe you may have reason to contest a Will or Probate, it is vital that you seek legal advice from a Wills and Probate Solicitor in Ireland as soon as possible as there very strict time limits when it comes to initiating a case.

Hughes & Associates Solicitors have extensive experience in providing Litigation and Probate Litigation advice to individuals and have a stellar track record in resolving the most protracted and contentious disputes in an as amicable manner as possible. 

Hughes & Associates Solicitors predominantly practice in the litigation aspect of Probate and with respect to contested Estates. 

Hughes & Associates Solicitors see Mediation as a highly recommended approach to such disputes thereby mitigating against the risk of protracted and expensive High Court Litigation. 

Rest assured, our experienced team will treat your matter with the utmost empathy, care, respect and professionalism. 

Our highly respected Firm has been to the centre of some of the most valuable and complex Probate, Wills & Estate Litigation.

In The Media:
Farmer’s will challenged after bulk of estate left to relative with fraud convictions

What us a contentious will/probate?

Contentious Probate in Ireland refers to a legal dispute that arises when the validity of a Will or the distribution of an estate is called into question or when an individual, known as a Beneficiary, believes that they have been incorrectly left out of an inheritance. 

Typical circumstances in which disputes arise:  

  • Lack of testamentary capacity at the time of deceased drafted his or her Will
  • Proprietary Estoppel Claims – when the will does not fulfil promises made during the lifetime of the testator
  • Presence of undue influence when the will was drafted.
  • The will does not provide for a spouse or children in accordance with The Succession Act 1965
  • If no provision was made for the testator’s children (referred to as a Section 117 application).
  • Concerns over capability of individual (Executor/Administrator) given the Grant of Representation.

In such circumstance, a solicitor can play a vital role in representing their client’s interests and helping to resolve the impasse. This may take the form of:

  • Advising client on legal options available
  • Such as contesting the Will
  • Negotiating a settlement with other beneficiaries, or
  • Seeking a Court Order to protect their client’s interests

Contact a wills & probate litigation solicitor today.

It is an unfortunate fact of life that inheritances generate disputes which sometimes lead to litigation. Probate litigation has a tendency to be protracted, bitterly fought and expensive.

Therefore, it is crucially important to obtain proper expert legal advice at the earliest opportunity.

If you think you could benefit from the wisdom and experienced of an expert solicitor in the field, feel free to contact Hughes & Associates today. 

Based in Dublin, our Litigation team is warm and friendly, and boasts huge knowledge of legal cases around Wills and Probate Litigation. 

Contact the Hughes & Associates Team

    Phone

    +353 1 891 0020

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