Republic of Ireland Law
Ask a Republic of Ireland Law Question, Get an Answer ASAP!
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.
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.