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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 12833
Experience:  Barrister 17 years experience
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I want to know about contesting a will in Ireland!!! My

Customer Question

I want to know about contesting a will in Ireland!!! My Mother had dimentia and didnt change her will that was drawn up before I managed to travk my mums new address!!! Thanks for your time! Declan
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No. I live in England and My Mother in the Repuublic of Ireland!
JA: What steps have you taken so far?
Customer: I have only found out about it mid January! I only found out Yesterday that last year the family recieved £30,000 each last November and her house is just being sold! Ihave spoke with one sister and am just about to email the rest but want to know if I can contest if nessecary.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is it possible to get legal aid or a no win no fee representation if not?
Submitted: 13 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 13 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 13 days ago.

1. Dear Declan, the means whereby you contest your mother's will is through section 117 of the Succession act, 1965. This allows a child to seek a share in a mother's will where it can be said that the mother "failed in her moral duty to make proper provision for " her child. So, you would essentially seek a share in your mother's will based upon this provision. I would advise you to see a solicitor in Irelalnd and get legal proceedings issued if you wish to challenge the will. This has to be done within six months of taking out of Probate, as otherwise the proceedings are statute barred for being out of time. Be aware that you should reach some agreement with the solicitor in relation to fees, because no solicitor will take this type of case on a no foal no fee basis but will want some contribution towards costs. Be aware additionally, that legal aid is almost never granted for this type of case. Additionally, because you are based in England, you will not be entitled to Legal Aid in Ireland.