Time limits for challenging wills.

There are two ways in which a disappointed person can challenge a will which he or she believes to be unfair:

Under s. 117 of the Succession Act, the Court can consider whether a parent has failed in a moral duty to provide for a child and adjust the provisions accordingly.

It is also possible to demonstrate promissory estoppel where a promise was made to provide for you in a will and you acted to your detriment in reliance on that promise: The classic Irish example being a promise to leave the farm in return for years of unpaid work.

The Supreme Court recently considered the time limitation for actions under that second heading. In a judgement in March of this year in the case of Cavey v Cavey, the court examined the provisions of s. 9 of the Civil Liabilty Act which states that actions which survive against the estate must be brought within two years of death. The court decided that this period applied to claims of promissory estoppel.

Contact Brian McGrane or Julie Mullan on 01 8735012, for advice on how to deal with claims against estates.

Contact McGrath McGrane

If you are thinking of engaging a lawyer, why not contact us today to see if we can assist? Any of our solicitors will be delighted to speak with you without obligation.

McGrath McGrane Solicitors

Phone: +353 (0) 1 873 5012

Fax: +353 (0) 1 873 5024

info@mcgrathmcgrane.ie

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