Probate litigation
Dealing with the law of Succession
After a person has died (thereafter known as the deceased), the administration of their estate should take place whether they have died without making a will (i.e. intestate) or if they have made a will before they passed away (i.e. testate).
Sometimes a deceased person may have promised to make provision in their will for a relative or friend, but after their death, it comes to light that no such provision has been made. This is not an uncommon experience.
If the person expecting some provision to have been made for them, and has met certain criteria, it may be possible to instigate Court proceedings in order to have the will of the deceased changed, in order to have provision made in accordance with an agreement previously discussed with the deceased.
The Succession Act 1965
A spouse and children
There are a number of rights provided for the spouse of a deceased in the Succession Act 1965. If an estate is being administered without regard to these rights, proceedings can be instigated, in order to protect the rights of the surviving spouse.
This Act also contains provisions designed to protect the inheritance rights of the children of a deceased. These rights can also be enforced by the institution of proceedings before the Courts.
If you wish to make an enquiry related to any of the above areas, please feel free to contact us, to discuss your circumstances, without obligation.
Call: +353 (01) 2688161
