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Contentious Probate & Estate Litigation

Our Wills, Probate & Estate Planning Team are highly experienced in advising families on contentious Probate and Estate litigation matters.

Disputes relating to wills and probate have been increasing in recent years, due in part to the significant rise in house prices; as a result, many individuals are leaving behind estates with significant value.

In addition, it is believed that the increasing prevalence of dementia and other forms of cognitive impairment within society is leading to more Wills being deemed invalid on the grounds of lack of testamentary capacity.

Our Contentious Wills & Probate Expertise

If you have reason to contest a will or probate, it is important to seek legal advice from an experienced solicitor.

We have been providing wills and probate advice to individuals for over 35 years and have a strong track record in resolving contentious matters amicably. Our team will handle your matter with the utmost empathy, professionalism and respect.

How best to prevent a Wills & Probate Dispute?

The single best way to prevent will and probate disputes from occurring is to ensure your will is drafted by a specialist wills solicitor. Not only will they ensure the will is valid when it is signed, but they will also incorporate all of your wishes faithfully and with clarity. An experienced wills solicitor will understand and explain the wider implications of decisions made regarding your inheritance, ensuring all possible scenarios are considered.

A contentious will or probate is where a will or probate process is being challenged.

Wills or Probate are typically challenged for one of the following reasons:

Failure to observe the correct formalities in the execution of the will
Lack of testamentary capacity (under the Succession Act 1965).
Conflicts with any previous arrangements made.
Undue influence / duress when the Will was drafted.
If no proper provision was made for the testator’s children (referred to as a section 117 application).

In addition to the above, Probate may be challenged if there are concerns regarding the calibre of the person given the Grant of Representation.

Estate litigation generally refers to legal proceedings to resolve disputes over the assets of a person who has passed away.

This often involves challenges to a will, either to have it varied or to have it declared void. A will can be determined to be void if the will-maker was mentally incapable of making the will or because a beneficiary exerted undue influence over that person.

Estate litigation can also involve challenges to others interfering with a person’s assets before that person passed away.

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Why choose Lavelle for Contentious Probate matters?

Our award-winning Wills, Probate & Estate Planning Team led by Caitriona Gahan are highly experienced in advising families and professionals on estate planning, will structuring, administration of estates, capital acquisitions tax and discretionary trust tax issues.
We are highly experienced and adept at advising on all aspects of contentious Wills & Probate disputes.
We are known for our dedication and our compassionate, empathetic approach to clients in dealing with sensitive private matters such as Wills and Probate disputes.
Lavelle Partners won Probate Law Firm / Team / Lawyer of the Year at the Irish Law Awards 2024, as a testament to the calibre of our expertise and first-rate client service.
As a full-service law firm, our clients benefit from our combined legal expertise in a number of related specialist areas including Corporate & M&A, Employment, Property and Litigation & Dispute Resolution.