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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10972
Experience:  Barrister 17 years experience
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How long does one have to contest a will in Ireland. My brother,

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How long does one have to contest a will in Ireland.
My brother, who has died was a beneficiary in my uncle's will. The will did not contain any direction for the allocation of the estate if the beneficiary pre-deceased the testator.
I am concerned that my brother's share may not go to his children.
The probate was granted on the 14th of February 2015, but I have only just been informed of that and obtained a copy of the Will.
1. If a person dies before a testator dies, then they do not share in the will. It is only people living as of the date of death who may share in a will. If, as here, your brother has pre-deceased your uncle, then any gift to him fails and anything he might have been due goes into the residue of the estate. Your brother's children do not get any share their father might have got had he been alive. The position here is different in Ireland as compared to England. It is not uncommon for a will not to mention the problem of someone predeceasing the testator. Finally, any challenge to the distribution in a will must be taken within 6 months if the person is a child of the deceased. Otherwise, any challenge must issue once probate is started. Here, if you wish to contest your uncle's will, you need to act immediately, as already six months have gone bye since probate was issued.
Customer: replied 2 years ago.

Would the 6 months limit also apply to his widow? Or to me as his sister.

I think this is why my Cousin (the executor) has not shared the date of probate or the contents of the will until it is nearly too late to contest it.

2. The six months time limit applies specifically to children of the deceased. A widow is not expressly covered by a time limit but she should challenge the will without delay, as if distributions from the estate start to occur, her position might be irreparably harmed. Similarly, as sister, you are not expressly covered by a time limit. But you should seek to challenge the will without delay.
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