I Was Left Out of My Father’s Will !

Q.  I am in a state of shock. I have just discovered that my late father – who was a widower – has left me out of his will. I have one other sibling, a brother, to whom everything was left. When I spoke to my brother – the sole executor and beneficiary under the will – he just shrugged his shoulders. I think it is so unfair. Is there anything I can do?

 

A.  Yes there is. Under Section 117 of the Succession Act 1965 an application can be made to the Court by a child of a person who has made a will and if the Court feels that the person who made the will has failed in his/her moral duty to make proper provision for that child in accordance with his/her means, whether by will or otherwise, the Court may order that such provision shall be made for the child out of the estate as the Court thinks just.

The matter will be considered from the point of view of a prudent and just parent, taking into account the position of each of the children of the person making the will and any other circumstances which the Court believes to be of assistance.

Not every application under Section 117 will be successful and you cannot bring an application where everything is left to the surviving spouse and that surviving spouse is your mother or father.  The duty can also be discharged by gifts or settlements made by the deceased during his/her lifetime to the child in question

In the present circumstances you should consult with a Solicitor sooner rather than later as there is a time limit. The application has to be made within six months of the Grant issuing in your late father’s estate.

Incidentally there is no obligation on your brother as executor to notify you that you can apply to Court in this regard.

 

LegalEagleStar ,  Tuesday,  8th February ,  2011