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Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10113
Experience:  Barrister 17 years experience
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A caveat was entered against a will by one of the beneficiaries

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A caveat was entered against a will by one of the beneficiaries claiming 'undue influence'. The High Court ruled against the claim and dismissed the caveat and awarded costs against the claimant.
Grant of Probate has been granted and the Rev Comms have issued a tax clearance cert.
Can the claimant enter another caveat?
Can he appeal the costs and is there a time limit to him doing so?
Once the estate has been distributed is there any other action he can take?
Many thanks

Buachaill :

1. At the outset, the claimant cannot enter another caveat, alleging undue influence afresh, or seeking to again challenge the will. Secondly, the Supreme Court do not entertain appeals purely in relation to issues of costs. So that is a non-runner. Either claimant appeals the whole order made or simply does not enter an appeal. 21 days from perfection of the Order of the High Court are allowed for an appeal. What happens now is that the bill of costs of the estate is either agreed with the claimant or else it goes for assessment to the Taxing Master whose job it is to measure how much costs be paid in litigation. Finally, a claimant cannot challenge a will once a distribution has been made. Here, in circumstances where there has already been High Court litigation, no court would ever interfere with a lawful distribution of the estate.

Buachaill :

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