It will come as no surprise to know that with wills come disputes as not all wills are fair and not all expectations of family and beneficiaries are realistic. The permutations are endless. What might be fair to one child of a deceased might not be fair to another, sometimes despite the best intentions of the Testator. This can lead to expensive and sometimes long drawn out legal disputes often ending up in the courts. Every Solicitor will advise their client what they can and cannot do in their will. Not every client takes that advice. Sometimes the terms of that will are accepted, sometimes not. For example, a particular child may believe that they were promised the family home as a compensation for looking after the deceased parent for years during an illness or infirmity despite the wording of the will saying otherwise.

Generally if the will was done while the deceased was of sound mind, then the content will be accepted but can be successfully challenged if there were actions on the part of the deceased suggesting otherwise. An example of this might be an inducement to the adult child to give up their own home and become dependant on accommodation provided by the deceased. A will can most definitely be successfully challenged by the spouse of the deceased if he or she did not get their minimum legal entitlement ie one third if there are children and a half if no children. Contrary to popular belief, adult children with no special needs are not automatically entitled to inherit in the absence of specific bequests in the will, although most parents will want their children to inherit at any age and indeed any Solicitor will advise the Testator accordingly in terms of tax efficiency.

We at Romaine Scally and Co Solicitors deal with any manner of probate dispute and offer a professional, common sense approach in an effort initially to resolve the dispute amicably thus avoiding long term family rifts, but if unsuccessful will plead our clients case through the court system without hesitation. If in any doubt as to where you stand in relation to the will of a deceased then, we advise an early consultation with a Solicitor to avoid being out of time, or statute barred with any claim. Strict time limits do apply for any such applications.