succession act challenge

L

legal33

Registered User
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107
Hi,

Mr X is unmarried and has no children. He has willed his estate to one nephew. Can Mr X's sister challenge the will under the succession act?

Thanks
 
Well presumably she can challenge things like whether or not the will was validly made and attested. If she can prove than it wasn't she would benefit ahead of the nephew under the rules of intestacy. But she can't challenge the fact that a valid will left nothing to her and all to the nephew.
 
Only on the validity of the will (lack of formalities, incapacity etc)

Even then, if the will fails, she may inherit nothing if the parents are alive.
 
We need to know more of the circumstances before we can say yes or no.

There are all sorts of ways to challenge a will ( besides its validity) or claim a debt against an estate- deceit, legitimate expectation, proprietary estoppel etc etc.
 
Vanilla said:
We need to know more of the circumstances before we can say yes or no.

There are all sorts of ways to challenge a will ( besides its validity) or claim a debt against an estate- deceit, legitimate expectation, proprietary estoppel etc etc.
Click to expand...

The question asked here was not based on the validity of the will or any claim against the estate. It was a much simpler question.

The Succession Act does not give siblings of a testate deceased any entitlements.
 
j26 said:
Only on the validity of the will (lack of formalities, incapacity etc)

Even then, if the will fails, she may inherit nothing if the parents are alive.
Click to expand...

both Mr X's parents are deceased
 
Vanilla said:
We need to know more of the circumstances before we can say yes or no.

There are all sorts of ways to challenge a will ( besides its validity) or claim a debt against an estate- deceit, legitimate expectation, proprietary estoppel etc etc.
Click to expand...

Mr X made the will in sound mind. However his sister is unhappy that the nephew drove Mr X to the solicitor and explained to Mr X that this was the best thing to do.

Regarding 'legitimate expectation' Mr X's sister had looked after him for years in the sense she would visit him every few weeks (she lives over 100 miles away) for a few days and clean the house and bring food. The only time his nephew saw him in the last 20 years was to drive him to the solicitor.

Thank-you for the advice so far.
 
"Mr X made the will in sound mind."

Does that not rather end the entire debate?

Its his money to do with what he wishes.

mf
 
mf1 said:
"Mr X made the will in sound mind."

Does that not rather end the entire debate?

Its his money to do with what he wishes.

mf
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I disagree. The doctrine of proprietary estoppel and doctrine of legitimate expectation are there to protect people who, acting on good faith, rely on a promise or an expectation of an inheritance to their detriment. I don't think that on the facts outlined that this definitely such a potential case, but it certainly should be explored by Testators sister by her obtaining independant legal advice if she feels she might have a case.
 
To play devil's advocate to Vanilla,

I do not see how doing someone some favours or visiting them ocassionally would confer an automatic right to a share of their estate. Surely there would need to be some very strong evidence of a "contract" of sort whereby the sister was providing services in return for a share?
 

I agree with you, as I said -it might not necessarily apply in this particular case.
 
Unless there was undue influence on Mr X to make a will leaving everything to the nephew then I think that's the end of matters. The implication here was that Mr. X knew what he was doing and may have had his own reasons. Is the nephew is the son of the sister or another sibling?
 
legal33 said:
The only time his nephew saw him in the last 20 years was to drive him to the solicitor.
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Ah the prodical son (or nephew in this case) preferred above all others. No matter what the sister has or hasn't done the Uncle can will his property to whomever he likes. In Ireland there is a tradition of uncles leaving propery/land in particular to their nephews. If you are saying there was undue influence on the uncle that is something but if you're saying it's unfair, unfair is not the law and it's not relevant.
 
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