Common Probate Disputes
Common Probate Disputes We Handle
Probate disputes in Ireland can be complex, often involving family tensions, inheritance disagreements, or questions about the management of estates and trusts. Our experienced team helps clients resolve a wide range of Irish probate disputes efficiently and effectively.
Types of Probate Disputes we Handle:
- Executor disputes in Ireland – We assist with the removal or replacement of executors who fail to carry out their legal duties or act against the best interests of the estate.
- Section 117 claims – Supporting children who believe they have not been properly provided for under the Succession Act 1965.
- Spousal entitlement claims – Ensuring surviving spouses receive their legal right share of the estate, either one half or one third of the estate, depending on whether the deceased had children.
- Cohabitant claims – Protecting the inheritance rights of long-term unmarried partners who may otherwise be overlooked under Irish law.
- Trust disputes and litigation – Addressing mismanagement of trust assets, breaches of trustee duties, or claims based on proprietary estoppel.
- Allegations of undue influence, lack of proprietary estoppel.
Our team provides expert guidance at every stage of probate disputes, protecting your legal rights and helping achieve a fair resolution.
FAQs: Probate Disputes in Ireland
Trust disputes can include trustee mismanagement, breaches of fiduciary duties, or claims based on broken promises, such as proprietary estoppel, regarding trust assets.
Cohabitants do not automatically inherit. However, long-term partners may make a claim if they can prove dependency or cohabitation, ensuring fair provision from the estate.
A surviving spouse is entitled to a legal right share of the estate. If a will does not provide for this, a spousal entitlement claim can enforce these rights.
Children who believe they have not received proper provision under a will can make a Section 117 claim under the Succession Act 1965.
Executor disputes arise when an executor mismanages the estate, delays administration, or acts in a way that disadvantages beneficiaries. We can assist in seeking removal or replacement.
