Elaine Corcoran is a Solicitor working in Ringsend, she is mum of two boys and lives locally. She is here to answer readers’ questions and to give some guidance on current legal trends / developments. Elaine can be contacted on 01 5617900 or by email: elaine@corcoransolicitors.com
Please email any questions that you have for Elaine to newsfour@gmail.com.
Dear Elaine
My grandmother passed away and a will has been produced that lists my cousin as executor and gifts the entirety of her estate to my cousin. My family and I are very concerned and suspicious as our grandmother was suffering with mental health difficulties and had problems with her memory. What can we do in this circumstance?
Sarah
Hi Sarah,
A contentious probate application occurs when one party is seeking to have the will proved and another party claims that the will is not valid because the testator was unduly influenced or did not have testamentary capacity when making the will.
The grounds for challenging the validity of a will are as follows:
a. That the last will and testament was not executed in accordance with the SA65,
b. That the testator did not have the required testamentary capacity to execute her will or,
c. That the testator did not know nor approve of the contents of the will.
In order to contest a will a caveat must be entered in the Probate Office and/or a Civil Bill issued to commence proceedings. Time is of the essence and you should consult a solicitor without delay.
Elaine
Dear Elaine
I have recently learned that my husband and father of my two children passed away. We did not formally separate nor did any divorce proceedings issue. I went to court when my children were younger and secured a maintenance order against my husband, he paid for a few months but then stopped and there was a period of approximately 10 years where I received no maintenance. What are my options here?
Danielle
Hi Danielle
If you and your husband were living apart but did not have a formal separation agreement or divorce you continue to be spouses in the eyes of the law. This means that you are entitled to inherit the appropriate share of your husband’s estate. Your inheritance entitlements will depend on whether or not your husband left a valid will or not. If your husband did not leave a will, you as his spouse are entitled to a two thirds share of his estate, with the remainder one third falling to his children equally. If your husband did leave a will but did not include you under his will, you are entitled to your legal right share which in this case is one third. Apart from your share in his estate, the unpaid maintenance will be viewed as a debt of the estate and will be paid to you in addition to your legal right share. A solicitor will help you navigate this situation.
Elaine
