A number of issues can arise on death. They may relate to a person's capacity when they executed their last will, whether they were unduly influenced when they made their last will, or indeed whether they failed to discharge a moral obligation to a family member when creating their will.

If a will was made by a person who suffered dementia, their last will may be invalid and a previous will could apply. Equally, if they were under the undue influence of another person when giving instructions for their will, or when executing it, it may be invalid.

The deceased person may also have failed to discharge a moral obligation to a family member. This family member may have a claim under the Family Protection Act, and if they were a partner, the Property (Relationships) Act.

Even if you are not entitled to a claim under either of the above two Acts you may have a claim because the deceased promised to leave you something in return for services you provided.

If the deceased failed to provide for you as promised, even though you provided the service, you may have a claim under the Law Reform (Testamentary Promises) Act.

We can provide legal advice as to the prospects of success and assist you in making a claim or court application, when necessary.