Category: Wills & Probate

Our team acts on behalf of both aggrieved Beneficiaries and Executors trying to protect claims against the Estate. We advise on the legal proofs that must be met in making such applications and the likelihood of its success in Court.

There are a number of common grounds in which a Will can be disputed, including:

• Lack of Testamentary Capacity: It may be claimed that the Deceased lacked the mental capacity to make a valid will at the time of signing e.g. if they suffered from a mental illness, such as Dementia. The Testator (person making the will) must understand that they are making a will, what assets they have and the consequences that their instructions in their will would have on their Estate and on their beneficiaries.
• Undue Influence: There may be grounds to believe that the Deceased was unduly influenced, if there is evidence that pressure was put on the Deceased by a family member or friend into making a bequest in their will in favour of this same individual.
• Spousal Rights: If you are the Deceased’s spouse you will be entitled to a legal right share in your spouse’s Estate regardless of whether or not you were left anything in their
• Children’s Rights; If you are a child of the Deceased, you may be entitled to apply for a share in the Deceased’s estate if you feel you have not been properly provided for under the Deceased’s will.

We offer expert and straightforward advice to family members or friends acting as a Legal Personal Representative in the Estate of a Deceased person. Based on whether a Deceased has passed away leaving a Will (testate succession) or without a Will (intestate succession), this will determine how the Estate is to be administered and which family members or friends will benefit from the Deceased’s Estate.

We guide our clients through the practical process of gathering in the Deceased’s assets, lodging the appropriate application in the Probate Office and distributing the Deceased’s estate correctly to the relevant beneficiaries.

Additionally, we offer our clients advice on the Capital Acquisitions Tax implications involved in an Estate and the appropriate thresholds for each beneficiary.

At McCloughan Gunn & Company, we have over 35 years of experience in preparing wills for clients. We take great care in advising our clients on the importance of succession planning and on the legal requirements that must be satisfied when executing their will.

Our firm has proudly taken part in MyLegacy.ie’s “Best Will In The World Week” for the last number of years, where we give clients the opportunity to create a will or update an existing one at a reduced consultation fee. It is a surprising fact that 7 out of 10 adults do not have a will, and therefore its is recommended that every individual put one in place, particularly if they have family or assets they wish to protect.

Without a will, a range of issues can potentially arise:

• Children may not be entitled to an inheritance
• An unmarried partner may have no entitlement to inheritance
• A surviving spouse/civil partner is not necessarily entitled to inherit everything
• The family home may need to be sold