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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 145
Experience:  and Mediator practicing in Cork, Ireland.
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Hi, If the grant of probate has been issued can you still contest

Customer Question

Hi, If the grant of probate has been issued can you still contest a will. The reason i ask is i put a deposit on a house that was in probate. The grant of probate was issued and we were due to sign contracts early next week but have received word that a sibling through a solicitor is now contesting the will. Many thanks.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

This depends on the nature of the action that is being taken. Proceedings to establish and/or enforce an entitlement to a share in the estate of a deceased person must be commenced within a period of six years from the the date when the right to receive the share or interest accrued. This is generally the date of death. If a spouse or civil partner wishes to exercise their right to have the dwelling appropriated this must be notified within six months of the notification of the right from the personal representative or one year from the date of Probate. If this is not an action to appropriate a dwellinghouse the solicitor dealing with the estate or sale may be able to reach agreement to continue with the sale of the house and to hold the proceeds on trust pending settlement.

cmcsolicitor :

Unfortunately you will not be able to force the issue because you have not signed contracts yet. If the sale falls through, the auctioneer will return your deposit to you in full.

Customer:

Thank you so much unfortunately its not the response i wanted to hear as it's my dream home. Apparantly the sibling was left nothing in the will due to a family feud / fallout.

cmcsolicitor, Solicitor
Satisfied Customers: 145
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
I hope this works out for you, and that the parties agree to proceed with the sale pending settlement.

Thanks for rating my answer.

regards,
Claire

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