challenge a will

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davep

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Just wondering about this situation. My mother died last year. There were 3 children. My eldest brother (not married and had no partner) died 4 years ago. So just 2 left. My brother ( not married or attached) has not had any contact for years with the family. Did not attend family occasions but was left everything in the will. My mother lived with me and my partner and our 2 children for several years and during her final illness of 8 months. My mother had her meals, family occasions and all her caring was done by me over the last 6 years. In all that time my brother had no contact with my mother. Have I any case for challenging the will for a just settlement?
 
Failure to Provide for Certain Family Members:
Under the Succession Act 1965, you are limited as to who you can leave your Estate to and in what amount or share.

  1. Children
    1. Parent’s Will
      A child of a deceased person can make an application to Court under s117 of the Succession Act 1965 for a share in their parent’s Estate if their deceased parent has not made any or made little provision for them in their Will. The test that the Court will follow in such an application is whether “the deceased has failed in his/her moral duty to make proper provision for the child in accordance with his means, whether by his/her Will or otherwise”.
      • The time limit for a child to make such an application is limited unfortunately to only 6 months from the date of Grant of the Estate of the deceased.
      • There are no grounds for extension of this 6 month timeframe.
      • Such actions must be taken immediately by the child/or children who are seeking to claim from the estate of a parent, as otherwise they may find themselves statute barred or prevented from doing so.
        These applications depend very much on the position of the child and the history between the child and the deceased parent. The following information is required to advise in full as to the likely success of a Section 117 claim.

https://probate.ie/overview.html

That may help. Good luck.
 
Maybe try and make contact with your brother, he may have problems. In any case, challenging the will usually never ends up too good anyway and if anything happens to your brother and he's got no will made you may find yourself and your children benefiting. Then again, you may fall ill first. Life has its own way of finding a just level.
 
When was will signed? Was there any undue influence put on mother by your brother? Challenging the will required you to have some evidence that your mother meant to leave you something; was not of sound mind when she made it; was under undue influence and there are others. It does not sooth broken relationships and will certainly not bring your brother closer to you. However, as others have suggested, perhaps a negotiated settlement with brother would be preferrable.
 
I really wonder what on earth your mother was thinking when she made that will. Unfortunately unless she can be proved to be of unsound mind there is little can be done. An approach to the brother may yield something
 
Hi OP
In another recent thread on here, you explained that you had recently inherited your father's house. If this is true and your other brother is already deceased, it would seem logical to me or somehow justified at least that your estranged brother would inherit from your mother under these circumstances. Did i get this wrong ?
 
OP inherited not just a house but a couple hundred thoussnd grand as well.

OP I think it's right your brother has been given the mother 's inheritance. We dont want to be greedy now.
 
moneybox said:
OP inherited not just a house but a couple hundred thoussnd grand as well.

OP I think it's right your brother has been given the mother 's inheritance. We dont want to be greedy now.
Click to expand...

Sounds to me like your mother was of totally sound mind and a sensible woman.
 
Where would you go without a bike on your bell? Well now, as Pat Rabbitte once said, "that beats banagher". Enough is as good as a feast as they say.
 
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