The costs involved in Court litigation usually put a lot of people off making a claim or even seeing a lawyer. A lot of people still believe that if you win your case the other side will end up paying all of your legal costs, this is not strictly correct. Is this the view held in estate litigation? There is an urban myth that the estate pays for everyone’s legal costs. So what’s the … [Read more...]
What are the Time Limits?
It is imperative that an Inheritance Claim is brought within 6 months of the date of the grant of Probate or Letters of Administration. At the expiration of that 6 month period, any claim will be limited to the assets and value that remains within the estate, which may be NIL. The time limit may be extended by the Supreme Court but early action is the best way to ensure protection. Written … [Read more...]
What Factors Need to be Considered?
Need of the applicant. The term need is applied in a relative sense by the Supreme Court and is not limited to immediate need. Future contingencies will be factored in such as future expenses, potential earnings, health and so on. The size and value of the estate are also relative to the need of an applicant. The test of need in an estate over $1,000,000 would be different from the test of need … [Read more...]
Who may contest the Estate?
Spouse or domestic partner. A domestic partner is someone who, at the date of death of the deceased, was living with the deceased in a close personal relationship and had done so for 3 continuous years or have a child together. A person who has been divorced from the deceased. A divorced person may need to show how they have been left without adequate provision but they are not excluded from … [Read more...]
What Happens?
Assuming there was testamentary capacity at the time the Will was made, there is no issue of undue influence and the Will is drafted clearly then the substance of the Will can be contested. This is achieved pursuant to the Inheritance (Family Provision) Act. This Act states that a person is entitled to claim the benefit of the Inheritance (Family Provision) Act if they have been left without … [Read more...]
