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Carer/relative's rights under changed Will

A relative who looked after relative and had willed all to her and changed it prior to his death in nursing home and left all to them. Appears she has no rights. Morally wrong. She cared for him for 15 years when he lived at his home. Kilkenny listener.

On this programme before we have spoken about the dangers of “death bed Wills” made in Nursing Homes in that undue influence can be used against a person making a Will (Testator) or that they do not have will making capacity because of dementia or Alzheimers.

From this Kilkenny Listener’s question it appears that the only way to deal with this problem is to challenge the Will and to do this you will have to get a copy of it.

If an independent Solicitor drew up the Will and witnessed it in the Nursing Home the chances are that he or she will have followed the procedure correctly and will have been satisfied that the person making the Will fully knew what they were doing.

If on the other hand it is a “Form Will”  (that is a Will form bought in a Stationer’s office and then witnessed by Nursing Home staff it may be worth considering challenging the Will or at least requiring the Will to be proven in solemn form).

This Kilkenny listener should try to get a copy of the Will and take initial advice from a Solicitor. You can register a Caveat which will stop the Will being put through Probate without your being contacted. You can register a Caveat at the Probate Office in Dublin or in your local County Registrar's office in Kilkenny. (see links below.

Incidentally regarding legal costs on disputed Wills that go to Court it is usually the Estate that pays.  

Here’s the link for the Probate Office: http://www.courts.ie/offices.nsf/058819d20f75c85c80256e45004d3eb5/be735bced234bbbc80256e45005861c7?OpenDocument

If you’re outside Dublin, choose your local County Registrar’s Office at: http://www.courts.ie/offices.nsf/WebCObyCounty?Openview&l=en

A similar question was answered previously on The Legal Column: Brother/Executor won't release copy of Dad's Will 

Here are links to answers about family inheritance issues:

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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