Republic of Ireland Law
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Is there any circumstances where a case can be made for a second cousin that the deceased had named them as next of kin in the hospital before a first cousin?
Can the second cousin claim for expenses for all the years that they helped the last deceased against the estate
Thanks for the information just wondering if for some reason a will did surface and the second cousin was not named could they object on any of the three
1- not in sound mind.
2- made under pressure
3- promised that they would be the main one looked after for what they did for them
I take it no 1 and 2 would be of little use as they would not be entitled because of been second cousin any way to anything and that would leave no 3 and would this be ruled out because of second cousin.
Trying to preempt your answer would you be saying that if the deceased told the second cousin that, then they would have named the second cousin in the will, but a question might hang over 1 & 2 especially 2 that would rule that out of happening leaving us with 3 only
I would like to thank you for all your advice. Its the first time I have used this service and its brilliant. I will have to come back to you on another occasion when I have the money.
That question is on an order that was issued by a judge in the high Court that vacated all the Defendents instead of the one Defendent in a case who took the motion and it was never checked till a new solicitor took over the file years latter.
The President of the High Court came down in support of the former solicitor recently even do the order said all Defendents he interpreted that it should have meant the one Defendent and this has consequences in general if its not challenge in the court of appeal as any order might not mean what they are supposed based on this ruling.
we are looking for a case or cases that may have challenged such a ruling in the past we can quote in our appeal that would support once a order is issued and has not been perfected knowing that it is wrong at the time then that order should stand as it is written. You might keep it in mind and I will be back to you soon.