‘An Experienced Practitioner’s Guide To Avoiding The Pitfalls of Will Making & Probate Litigation’
In this webinar, Barrister Niall Fahy provides a practical guide to making Wills and all procedural aspects of probate actions from the beginning to the end of the process, covering all topics from the correct jurisdiction to costs of the proceedings and everything in between. The types of proceedings covered by the talk include Will challenges and proceedings to prove a Will in solemn form.
This talk will be useful for a solicitor who wants to remind themselves of the necessary steps to take in order to ensure a Will is not vulnerable to challenge. This talk will also be useful for a solicitor with clients seeking advice regarding the proving of a Will or a potential Will challenge.
Topics Covered Include:
- The Requirements of a valid Will:
- Section 78 of the Succession Act 1965;
- Section 77 of the Succession Act 1965;
- The presumptions of due execution, capacity and knowledge and approval;
- Undue influence.
- Practical aspects of probate proceedings:
- Will challenges and proceedings to prove Wills in solemn form;
- Monetary and geographical jurisdiction;
- Lodging caveats, affidavits of verification and affidavits of scripts.
- Parties to the proceedings;
- Limitation periods and delay.
- Whether an unsuccessful party will still be entitled to their costs
- Caselaw update
Niall Fahy is a barrister based in Dublin with a general civil practice specialising in the areas of succession, probate, trusts, enduring powers of attorney and wards of court. Niall is a graduate of University College Dublin (BCL with Economics, 2013) and the London School of Economics and Political Science (LLM, 2015). He was called to the Bar in 2014. He completed the Law Society Diploma in Trusts and Estate Planning in 2021 and is a full member of the Society of Trust and Estate Practitioners (STEP). He is a former legal researcher in the Law Reform Commission, having been the principal legal researcher on the Commission’s project on Section 117 of the Succession Act 1965, culminating the Commission’s publication of its Report on Section 117 of the Succession Act 1965: Aspects of Provision for Children (LRC 118 – 2017).
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