Contesting a Will

There are 4 common basis for contesting a will in Ireland.


Lack of testamentary capability

This can become an issue when somebody declares that the person making the will did not understand what assets they were distributing and who they were giving them to.

Undue influence

Undue influence takes place when somebody has put the person making the will under pressure and did not sign the will of their own free will. For example if they bullied or deceived them into making a will

Failure to provide for the testators spouse or children.

The Succession Act 1965 states that you are restricted as to who you can leave your Estate to and in what percentage of your assets.

The will fails to acknowledge previous arrangements

If the will fails to acknowledge previous arrangements, guarantees or financial obligations made by the testator prior to making the will. The Court might be prepared to impose, in entire or in part, previous arrangements and guarantees made by the testator

Other noncompliance with Irish law

A will is a complicated legal document which needs to be drafted and witnessed correctly to be a legitimate will in Ireland. If the will is missing some of the necessary legal aspects, the credibility of the whole will might be contested in court.


*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.