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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 13865
Experience:  Barrister 17 years experience
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PROBATE IRELAND---- The testator made a will in 1989 Under

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PROBATE IRELAND----The testator made a will in 1989Under that will he left his entire lands of 133.5 acres to his niece.In 2000 the testator transferred 120 acres to the same niece by deed of transfer.In 2003 the testator died possesed of 13.5 acres.The executrix maintains that because the niece accepted the 120 acres in the deed of transfer in 2000 she did so under the Doctrine of Election and was not entitled to any further lands from the Will.This strikes me as rubbish but I would really like to hear your opinion.Thank you very much.
Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1.  It is not correct to say that the niece who obtained the 120 acres in 2000, had to elect whether to take these lands or any others from the will.  Essentially, the niece could take both under the Deed of transfer and also under the will.   So, in essence the niece can also inherit under the will even if she had already obtained 120 acres by Deed of Transfer in 2000 before the testator died.   So, you are correct to regard these insinuations by the executor as being rubbish.

2.  If you require clarification or if there is additional information you wish to share, I will be happy to assist further in the resolution of your Question.

Buachaill and other Republic of Ireland Law Specialists are ready to help you
Customer: replied 2 days ago.
12 years ago my wife and I were the sole defendants in a High Court case which we were successful in.
The plaintiff has returned and is trying to get the case reopened and alleges fraud against us, our lawyer, her lawyer and another lawyer. My question is, even though she has named all defendants separately in her Statement of claim can My wife and I join and put in a single reply? Thank you very much.
3.  Yes, you and your wife can put in a single Defence to the claim of the Plaintiff.