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Buachaill
Buachaill, Barrister
Category: Family Law
Satisfied Customers: 10540
Experience:  Barrister 17 years experience
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Ive worked and invested a lot of my time and money in my

Customer Question

Ive worked and invested a lot of my time and money in my late unmarried aunt's farm for a long no of years on the basis that she was leaving her farm to me.She died in July of this year having made her will in 2004 ,Off my three brothers I've been willed the least with no recognition for my considerable towards the estate of the deceased while she was alive .Do I have legitimate grounds for contesting this will as I'm very aggrieved about its contents
Submitted: 8 months ago.
Category: Family Law
Expert:  Buachaill replied 8 months ago.

1. Yes, you can challenge the will on the basis that there was a constructive trust imposed in your favour in relation to the farm arising from your legitimate expectation that the farm would be left to you. In relying upon this representation by your aunt that the farm would be left to you, the work and investment in her farm would be evidence of the detriment you have suffered owing from your reliance upon her leaving the farm to you. This will give rise to a constructive trust in your favour which will take the farm out of the will and instead, you will get the farm. The law intervenes in situations of unfairness to remedy the harshness of the result occurring. So, here, the law will intervene in your favour and give you the farm owing to your work and investment in it, in reliance to your detriment in looking after and investing in her land. So, you need to issue proceedings against your late aunt's estate and seek an order giving the farm to you. So you should see a solicitor and get legal proceedings issued as soon as possible. Certainly no later than six months after she has died.

Expert:  Buachaill replied 8 months ago.

2. The solicitor will guide you in issuing the legal proceedings. However, you should get a barrister to draft the legal proceedings for you as it is important that the work be done properly. Be aware that legal proceedings can drag on over a year or two. So, keep after the solicitor to ensure the matter gets into court as soon as possible.

Expert:  Buachaill replied 8 months ago.

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