We offer a free initial interview to people needing advice on whether you have a right to challenge a will (Probate Solicitor Newry)
Disputed Wills (Probate Solicitor Newry)
Make no mistake about it, contesting a will or objecting to Probate is a specialised job that most general practice lawyers have no clue about. A specialist contested probate solicitor is a rare lawyer having to have mastered the disciplines of both contentious and non-contentious legal action. Most lawyers in the UK have their feet firmly planted in either court work which includes civil litigation and criminal representation or in areas of probate law that do not involve litigated advocacy such as trusts or conveyancing. In order to successfully contest a will or object to the appointment of particular executors or administrators or to take action for failure to properly carry out the role of executor it is essential that the lawyer dealing with these complex matters has detailed expertise and experience in both contentious and non-contentious matters.
Legal Action (Probate Solicitor Newry)
Our lawyers deal with contentious probate, which may involve objecting to a will due to validity issues of the document in question or where there is a claim from someone who was not included as a beneficiary, or was inadequately provided for including relatives and dependents. We also deal with caveats which may delay or ultimately prevent the appointment of specific executors. In addition we can take action for the removal of executors or administrators where the appointment is inequitable or in circumstances where they may have carried out their duties negligently or fraudulently. If you would like to receive free initial advice about a contentious will from a specialist contested probate solicitor just complete the contact form or call the helpline without any further obligation.
Matters that we can help with and with which we can usually give instant advice include:-
Legal claims for disputed probate issued in a court of law are increasing, particularly for homemade or DIY kit wills. A disputed will can be challenged by a contested probate solicitor on behalf of a potential beneficiary in a court of law and may be held to be invalid if it fails to satisfy legal requirements which include:-
- the person making the will must be over 18 years old
- it must be made without undue influence from another person
- the person making it must be of sound mind and aware of its meaning
- it must be signed in the presence of two witnesses at the same time who must also sign in the presence of the person making the will and each other
- a witness who is a beneficiary will lose their inheritance whilst the will remains valid
If the situation of a lost will arises it is possible in certain circumstances for a contested probate solicitor to use a copy of the will to obtain a grant of probate however such action may be challenged by the beneficiaries of an earlier will who may attempt to show that the later will was not lost but destroyed by, or upon the instructions of, the person making the will in an attempt to revoke the document such method being allowed by law. In these circumstances it is up to the beneficiaries of the later will to prove that the destruction or loss of the will was not an intentional revocation by the person making it. In these cases it is inevitably necessary to provide detailed evidence supported by witnesses or documentation to prove such a contested claim in a court of law.
If there is no provision for a dependent in a will then the terms of the will can be challenged and the court can make provision for those who should have been provided for which includes a spouse, partner, a minor or a mentally disabled person. Anyone who a court may consider to be a dependent is entitled to take legal action on the basis that the deceased had a responsibility to them which was not properly discharged.
It does sometimes happen that executors or administrators object to the assessment of inheritance tax made by the Capital Taxes Office. We are often able to assist in these cases particularly by use of a deed of variation of the will or simply by representation in negotiations with the tax authority.
If my you have any questions and want an immediate response please contact our Mr Kevin Newry who is happy to answer your questions by return of email to kevinneary@dndlaw.com.
Proceedings we issued were successfully settled in substantial estate valued at approximately £1 million. The Defendant agreed to a court ruling revoking a homemade will in his favour. The Estate now passes to the next of kin of the deceased who stood to be disinherited under the terms of the will.
We successfully argued that at the time of the will that the deceased was not capable of making a will and therefore lacked testamentary capacity. The Client was represented by Sheena Grattan BL and Patrick Lyttle QC instructed by this office.
Licensed to practice in both Northern Ireland and the Republic of Ireland
A vital extra dimension to all these services is that, since we are licensed to practice in both Northern Ireland and the Republic of Ireland, we are uniquely placed to advise the increasing number of businesses choosing to pursue commercial projects on both sides of the border.
Being licensed to practice in both Northern Ireland and the Republic of Ireland, we provide high-quality, all-Ireland legal services to business. Our Strategic location in the city of Newry near the border and within easy reach of Belfast and Dublin also offers obvious advantages.
YOUR TEAM
Educated at St Colman’s College in Newry, Kevin graduated from University College Dublin in 1982 with a degree in Law (BCL).
He graduated from Queen’s University Belfast with a Certificate of Professional Legal Studies in 1984 and was admitted to the Roll of Solicitors in Northern Ireland in 1984. He was later admitted to the Roll of Solicitors in the Republic of Ireland in 1992, as well as in England and Wales in 2008. He qualified as a Solicitor Advocate in 2013. He is also a certified Mediator.
Kevin has worked at Donnelly Neary & Donnelly since he was admitted to the Roll in 1984 and has been a partner in the firm since 1988.
Kevin is a Notary Public, and is currently the President of the College of Notaries in Northern Ireland. He is also a Trusts and Estates Practitioner (TEP) of the Society of Trust and Estate Practitioners (STEP) and a member of the NI Commercial Property Lawyers Association. Kevin currently acts as Treasurer for the Irish Legal History Society and is Deputy Chair of the Statutory Committee for the Pharmaceutical Society of Northern Ireland.
Kevin has experience in all areas of practise; however, Kevin specialises in commercial property, as well as in general conveyancing, trusts and wills.
Born in Donegal, Lisa was educated at Falcarragh Community School. She graduated from Trinity College Dublin in 2007 with a degree in Law (LLB). In 2008, Lisa graduated from Trinity College Dublin with a Masters Degree in Law. Her dissertation was focused on public interest law and was supervised by Gerard Whyte B.L. and Gerard Hogan, now Advocate General of the European Court of Justice.
Lisa graduated from Queen’s University Belfast with a certificate in professional legal studies in 2010 and was admitted to the Roll of Solicitors in Northern Ireland in 2010. She was then admitted to the Roll of Solicitors in the Republic of Ireland in 2015.
Lisa sits on the Board of Governors of St Matthew’s Primary School. She has also participated on the Young Professionals on Arts Boards programme and was previously on the Board of Trustees of Aware NI.
Lisa has a special interest in conveyancing, as well as probate and administration of estates.
Daniel was educated at the Abbey Grammar School in Newry. He then went on to study Law (LLB) at Queen’s University Belfast, graduating in 2014.
He graduated from the Institute of Professional Legal Studies, Queen’s University Belfast, with a Postgraduate Diploma in Professional Legal Studies and was admitted to the Roll of Solicitors in Northern Ireland in 2016.
Daniel is the fourth generation of the Neary family in the firm.
Daniel has a particular interest in immigration law. He also has experience in conveyancing and civil litigation.
