Will, Trust & Estate Disputes

It is hard enough to lose a loved one, but if there is conflict over their estate or will, the suffering intensifies. Consulting an experienced solicitor to help you with a will, trust & estate dispute can make the process less painful. Here are some of the situations you may need legal guidance with: 

Contentious Probate

Contentious probate refers to any disagreement relating to the administration of a person’s estate following their death. Consulting a solicitor should be your initial step if you believe a loved one’s estate is not being administered appropriately. A good solicitor will help you resolve disputes relating to:

  • How a will is interpreted
  • The value of the related assets 
  • An executor who has mismanaged the estate
  • Disagreements between beneficiaries.

You can also challenge how an estate is distributed if there is no will.

Contentious Probate

Inheritance Act Claims

You might expect to inherit property from a close relative when they die, particularly if the relative was your parent. However, until 1965 a person could use a will to leave their estate to whomever they pleased, regardless of their spouse or children’s circumstances. Section 117 of the Succession Act changed that by allowing a child to apply to court to  challenge the will  of their parent if the parent has not provided for them in their will or failed in their moral obligation to do so in light of the parent’s means. Such an application can only be made if the parent has made a will.

To contest your parent’s will under the Succession Act 1965, you will need to establish a need for provision to be made for you. The court will decide based on you and your parent’s full circumstances. Contact an experienced solicitor to bring an inheritance act claim.

Inheritance Act Claims

Trust Disputes

Trust disputes do occur, and it is advisable to get legal assistance if you wish to resolve a dispute with a trust. An experienced solicitor can help you if:

  • A trustee behaves negligently or fraudulently.
  • A trustee ignores another trustee’s breach of trust.
  • A trustee administers the trust inefficiently.
  • The trust document is not clear or accurate.
  • The person who established the trust (known as the settlor) lacked the mental capacity to do so or was forced into it.
  • The settlor received negligent legal or tax advice 
  • The trust documents don’t fulfill the settlor’s wishes accurately
  • The trust stops creditors or financial dependents from claiming assets from an estate
  • The trust is set up purely to conceal the real legal ownership of the assets.

Trust Disputes

Pre-Death Arrangements

If you have been promised assets informally by a loved one, but they have not put the details in their will, your solicitor may be able to help you secure them after the person dies. Given that a valid will is supposed to accurately reflect the deceased’s wishes regarding the distribution of their property after their death, the emergence of agreements that were omitted from their will can cast doubt on the will’s validity, causing disputes between prospective beneficiaries. The main ways you may be able to claim against someone’s estate to get assets that you were promised include:

  • Proprietary Estoppel 
  • A claim that you were financially dependent on the deceased and they failed to make adequate provision for you in their Will
  • A claim for professional negligence if the pre-death agreement was omitted from the deceased’s will because of an error by the will writer or solicitor.

Pre-Death Arrangements

You may take legal action after  you have been involved in an accident or injured because of somebody else’s actions or negligence*.

Personal injury claims generally involve:

  • A plaintiff or claimant  – this is the person making the claim (you).
  • A defendant – the person(s) you are making the claim against.
  • Your solicitor 
  • PIAB – Personal Injury Assessment Board (often called the Injuries Board). PIAB assesses most  personal injury claims before any further steps are considered.

What Are the Common Injuries Sustained In Accidents?

For every type of accident, whether a car crash, a slip and fall, or a product related injury, there is a wide array of injury types that can occur. Every part of the body is susceptible to different forms of injury and the forces applied upon the body when an accident occurs will dictate the kind of injury as well as the severity.

As a personal injury law firm with over 50 years experience representing injured parties Ireland we understand the nature of various types of injuries. We are able to articulate the effects they have on a client’s life, and the types of medical care required, in the context of a personal injury case.

Get in touch

Nationwide services with dedicated offices in


2-4 Ely Place, Dublin 2, D02 FR58


Bishopsgate, Henry Street, Limerick, V94 K5R6


1A South Mall, Cork, T12 PV44

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What we offer

We are an award winning, client-oriented law firm in Dublin, Limerick and Cork. Our solicitors provide comprehensive legal advice in an approachable and caring manner. Most of us will require a solicitor at some time in our lives. When the time comes that you do require legal support you will want to be sure that you are dealing with professionals who will work quickly and efficiently to help you. So whether you need help writing a Will, you have been in an accident, suffered an injury or illness that was not your fault, or you are looking at divorce options, we can offer clear guidance and representation to assist you in obtaining the optimum result.

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