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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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Can the will of a living person be used in court as evidence

Resolved Question:

Can the will of a living person be used in court as evidence against them?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  Nicola-mod replied 3 years ago.
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Customer: replied 3 years ago.

My sister made a will leaving a tenant a life interest in a house which is also her home. Now the tenant is claiming that they were cohabitating (which they clearly were not). This tenant paid rent and claimed rent supplement. He has now moved out, saying that the relationship has broken down irretrievably, and has cited this will as evidence that they were living together in a committed relationship and that somehow as a result of his commitment to her he is impoverished and she must provide for him financially either through a lump sum or maintenance payments. Can the will of a person still living be used in this way against them?

Expert:  Nicola-mod replied 3 years ago.
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Customer: replied 3 years ago.

I.ve given all relevant information. I notice my debit card payment has been processed and €32 deducted from my bank account. When can I expect an answer?

Expert:  Nicola-mod replied 3 years ago.
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Customer: replied 3 years ago.

Please continue to search for an expert


 

Expert:  Nicola-mod replied 3 years ago.
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Nicola
Expert:  Nicola-mod replied 3 years ago.
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Customer: replied 3 years ago.

Please continue to try to find someone who can answer my question until 25th April.

Expert:  Nicola-mod replied 3 years ago.
Hello,

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Nicola
Expert:  Buachaill replied 3 years ago.
1. Firstly, a will can be used in evidence against the maker, even if the person who made the will is still alive. This follows from the rule that a court will hear all probative evidence in a case. However, a will is not conclusive of the facts stated in it, as it is merely intended to take effect when the person dies. Accordingly, just because your sister made a will giving a person a life tenancy in her house does not mean that she is obliged to provide for this person. It merely shows that this person is attempting to take advantage of your sister's generosity and exercised undue influence over her when it came to making her will. So, although the will can be admitted as evidence, it does not in any way prove what this person is seeking to show. In fact, it proves the opposite.
Buachaill, Barrister
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Experience: Barrister 17 years experience
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