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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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Mother died leaving house and contents to son and money to

Customer Question

mother died leaving house and contents to son and money to her younger daughter.Their was 3 daughters not named in will.Have we any rights to see will papers and claim .
Submitted: 2 years ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 2 years ago.
1.There is no freestanding right to see a will in which a person is not named. However, once the will is admitted to probate, then it becomes a public document and can be inspected and a copy obtained from the Probate Office. It is very important that you know when probate happens as not only is this when you can get a copy, but it is also the date from which a six month time limit runs under section 117 of the Succession Act, 1965, whereby a claim can be made by any child who wishes to challenge the distribution under the will on the basis that your mother failed in her moral duty to make proper provision for that child under the terms of the will. So whilst you cannot immediately obtain a copy of the will you can get one in due course and you have a right to make a claim if you so wish. Section 117 gives a right to every child. In exercising its discretion a court will look at what provision was made by your mother, both during her lifetime and in her will, to the child making the challenge. It will also look at the child's position in life and assess what would have been proper provision for that child. Then court will decide whether it is an appropriate case in which to exercise its discretion and make an order in favour the child challenging the distribution under the will.
Customer: replied 2 years ago.

went to England to work for 14 years juring does years sent money home.then returned gave my mother anything she needed and visited every week until her death..

Expert:  Buachaill replied 2 years ago.
2. These are all facts which the court will weigh. I would advise you to get yourself a solicitor a prepare to contest the distribution under the will if you wish to make a challenge. Full consideration should also be given to your situation then. You should also find out if one of your other two sisters intend making a challenge as well.
Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for all info.dont need subscription.only take payement for to days question. Mary XXXXXXXXXXXXX

Expert:  Buachaill replied 2 years ago.
3. Dear *****, Please RATE the Answer. If you don't want a subscription, that is perfectly OK. However, it is essential you Rate the Answer as this is how the system works.
Customer: replied 2 years ago.

very happy with reply.good advice rate very good.thank you . mary XXXXXXXXXx

Expert:  Buachaill replied 2 years ago.
4. You are welcome!
Customer: replied 2 years ago.

please close my account from to day 21st August.thanks for info.please cancel account. Mary XXXXXXXXXX

Expert:  Buachaill replied 2 years ago.
5. Please contact Customer Services to close the account.