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Son can't get copy of Mother's Will

My mother died recently but we cannot get a copy of her Will. Her Solicitor states that the executor refuses to release a copy of the Will until she gets everything settled. What can we do to get a copy? John, - Cavan Town.

John,  this sounds to me like you are not mentioned in your mother’s Will for whatever reason because an Executor has no obligation to release a copy of the Will if a person is not named beneficiary in that Will.    If this is the case then the Executor is acting correctly.

But is there something suspicious with the way the Will was made? Was it made in a nursing home a few days before your Mother sadly passed away? And why are you not mentioned in the Will? In the circumstances you should assume for the moment that there may be something wrong - and that you are not a beneficiary in the Will and take advice as to whether or not you have been unfairly treated under Section 117 of the Succession Act -  about which we have spoken many times on this programme. If you believe that something is amiss and you have been unfairly treated you should file a Caveat in the Probate Office. Your Solicitor can do this for you or you can go to the Probate Office in Dublin or visit the County Registrar’s office in Cavan and ask them for help in filling out the Caveat. Given the complex nature of Inheritance entitlements and particularly Section 117 of the Succession Act 1965, I would advise you at least have one consultation with an experienced solicitor and plan carefully what you intend to do. And remember that some time limits apply to taking action so don't delay.

Here's the link to the Probate Office Dublin:

http://www.courts.ie/offices.nsf/058819d20f75c85c80256e45004d3eb5/be735bced234bbbc80256e45005861c7?OpenDocument

And for our Listener John, here's the link for Cavan:

http://www.courts.ie/offices.nsf/bae2125da4ef043080256e45004d04f3/06da37276f55de8580256e450050b9b7?OpenDocument

For other Listeners outside Dublin you can find your local County Registrar in the Circuit Court at:

http://www.courts.ie/offices.nsf/WebCOByJurisdiction?OpenView&Start=1&Count=30&Expand=3#3

Again we are talking here about children’s rights (as in off-spring – of any age) under Section 117 of the Succession Act 1965.

If you would like further information on this topic, here are the links for related questions previously asked and answered on the Programme.

Probate for Mother's Estate

Succession Act Legal Right Share

Concern over future of Family Farm

Can children be left out of Parent's Will?

Inheritance rights of child of previous relationship

Can 1 or 2 family members get more from sale Family Home?

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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