Guide to challenging a Will in Northern Ireland

Challenge a Will in Northern Ireland: A Quick Guide

Challenging a will in Northern Ireland is possible under certain circumstances, and the process is governed by a combination of statutory law and common law. Here are the key steps and grounds for contesting a will:

1. Grounds for Challenging a Will:

 You can challenge a will if you have reason to believe one or more of the following applies:

• Lack of testamentary capacity: The person making the will (the testator) must have been of sound mind and fully understood the implications of making a will at the time. If they lacked mental  capacity, you can challenge the validity of the will.
• Undue influence: If someone coerced or pressured the testator into making the will, the will can be contested on the grounds of undue influence. This is difficult to prove but can apply in cases where the testator was vulnerable or dependent on another person.
• Failure to comply with legal formalities: A will must comply with certain legal formalities in Northern Ireland, including being in writing, signed by the testator in the presence of two witnesses, and the witnesses also signing in the presence of the testator. If these formalities were not followed, the will could be invalid.
• Fraud or forgery: If the will was forged or fraudulently altered, it can be contested. You would need evidence to show that the will is not genuine or was tampered with.
• Lack of knowledge or approval: If the testator did not fully  understand or approve the contents of the will, it can be challenged.

For instance, if a person signed a will without being aware of its contents.

• Rectification: If the will contains an error or does not accurately reflect the testator’s wishes due to a mistake or misunderstanding, you may apply to have it rectified.
• Inheritance (Provision for Family and Dependants) (NI) Order 1979: This is particularly relevant if a spouse, child, or other dependant has not been adequately provided for in the will. In suc cases, they can make a claim for “reasonable financial provision.”

2. Who Can Challenge a Will?

 To challenge a will, you must have an interest in the estate. This  includes:

• Beneficiaries named in the will.
• Beneficiaries under a previous will.
• Family members or dependants who were not adequately provided for.

3. Process of Challenging a Will:

• Time limits: If you are making a claim under the Inheritance (Provision for Family and Dependants) (NI) Order 1979, you must do so within six months from the date the grant of probate is issued. There may be extensions granted in exceptional circumstances, but it’s important to act promptly.
• Lodging a caveat: If you wish to prevent probate from being  granted while you contest the will, you can lodge a caveat with the Probate Office. This stops the probate process temporarily until the dispute is resolved.
• Mediation or negotiation: Before going to court, parties often attempt to resolve disputes through mediation or negotiation. This can save time and legal costs.
• Court proceedings: If the dispute cannot be settled, you may need to initiate court proceedings in the High Court. A judge will decide based on the evidence presented.

4. Outcomes:

 If successful, the court may:

• Declare the will invalid, which means that the estate would be  distributed according to a previous valid will, or if there is none, under the Rules of Intestacy.
• Order rectification of the will to correct errors or reflect the testator’s true wishes.
• Provide reasonable financial provision to a family member or dependant under the Inheritance Order.

5. Legal Advice:

Challenging a will can be a complex and costly process, so it is advisable to seek legal advice from a solicitor specializing in wills  and probate disputes in Northern Ireland. They can guide you through the process, assess the merits of your case, and help you gather the necessary evidence.

If you are looking for Solicitors Newry, Please click here

 Would you like more details on any specific aspect?

Kevin Neary BCL TEP Solicitor      ( NI RoI and England/Wales) Notary Public

 Office:   +442830264611

Mobile:  +447775648511 

Fax : +442830267000

Email: kevinneary@dndlaw.com

Address: 1Downshire Road, Newry , County Down

DND LAW (The Firm)  will not send you information about changes to bank account details by email. If you receive an email purporting to be from someone at the Firm advising you of a change to bank account details it is not genuine. Do not reply to the email or act on any information it may contain. Instead please contact the person dealing with your matter immediately. The firm accepts no responsibility if you transfer money to a bank account which is not ours.

Please note we do not accept service by email notwithstanding any court rules to the contrary If you know anyone who needs my assistance please do ask them to make contact or recommend my services to you  friends and family or work colleagues.

The information contained in this communication is intended solely for  the use of the individual or entity to whom it is addressed and others authorised to receive it. It may contain confidential or legally privileged information. If you are not the intended recipient you are hereby notified that any disclosure, copying, distribution or taking any action in reliance on the contents of this information is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by responding to this email and then delete it from your system.

The information in this email is confidential and may be privileged. It is for use by the addressee only. If you are not the addressee or if this email is sent to you in error, please let us know by return and delete the email from your computer. You may not copy it, use its contents or disclose them to another person. The Firm is neither liable for the proper and complete transmission of the information contained in this communication nor for any delay in its receipt.

Please note telephone calls may be recorded for training or regulatory purposes. The Firm takes reasonable precautions to ensure that e-mail transmissions are checked for viruses but the Firm shall not accept responsibility for any loss occasioned as a result of the corruption by virus or otherwise of this transmission. The scanning of this transmission for viruses and other malicious programs shall be the responsibility of  you the recipient.

If you are looking for Personal Injury Solicitors Newry, Please click here

The Firm shall not be deemed to have approved of  this transmission where it shall have been sent otherwise than in the ordinary course of the Firm’s business. The Firm reserves the right to monitor all electronic transmissions to and from the Firm as part of the Firm’s policy of managing the proper use and operation of its communication systems.

This Firm is a limited liability company  registered in Northern  Ireland under ref NI621267  whose registered office is at 1 Downshire  Road Neery County Down . In the Republic of Ireland we trade as an  unincorporated practice but our liability is limited in all cases by our terms of business whether read or signed by the client or not.

Donnelly Neary & Donnelly , SC Connolly & Co and Eamon King & Co are trading  names only and have no separate existence .The Firm  is recognised as Data Controllers under data protection legislation. If you would like to find out more about how we use personal data and your rights in relation to your personal data please see read our privacy notice which is available on our website.

All work is transacted on or terms of business which may be obtained on our website or sent to you on request . Any changes to the terms of  our retainer including any change to our limitation on liability must be agreed to by us and signed by a Director or the company in hard copy format.