Inheritance Disputes

Inheriting after the death of someone close can be far more complicated than people expect, and disagreements about how an estate is shared can be painful at an already difficult time. Whether you are a beneficiary worried about your rights, a family member who feels unfairly excluded, or an executor facing a claim, you do not have to manage it on your own.

At McCarthy + Co, we help families across Ireland resolve inheritance disputes with empathy, discretion, and clear practical advice. We will help you understand where you stand, protect your legal rights, and work towards a resolution that allows everyone to move forward.

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Couple in a meeting regarding an inheritance dispute

Inheritance Disputes and Your Legal Rights

Inheritance disputes can arise when the validity of a will is questioned, or when family members disagree about how an estate is being managed or divided. Because these issues often surface alongside grief, they can put real strain on relationships. With sensitive, experienced guidance, however, most can be resolved without lasting damage to the family.

At McCarthy + Co Solicitors LLP, our wills and probate team is led by Joseph McCarthy, who has extensive experience dealing with contentious probate matters. Joseph and his team offer honest, practical advice, helping you weigh up your options and resolve disputes as constructively as possible.

Our team regularly advises clients across Ireland on a wide range of contentious probate and inheritance matters, including:

Challenging the Validity of a Will — Claims may arise due to concerns over undue influence, fraud, or the mental capacity of the person making the will (the testator).
Disputes Between Beneficiaries — Conflicts over asset distribution, perceived unfairness, or ambiguous terms in the will can lead to legal challenges.
Claims Under the Succession Act 1965 — For example, a surviving spouse is entitled to a legal right share of the estate, while a child may claim inadequate provision under Section 117 if they believe the deceased failed in their moral duty.
Disputes in Intestacy Situations — When a person dies without a will, disagreements can arise over who is entitled to inherit under the rules of intestacy.
Removal of an Executor or Trustee — Disputes can arise over the proper administration of an estate or trust fund, leading to applications to have an executor or trustee removed.
Trust and Property Disputes — This includes claims that a property is held in trust for another, or disputes related to co-owned property.
Professional Negligence Claims — Where a solicitor or financial advisor has made a mistake in drafting a will or has given negligent advice, which has resulted in financial loss to a beneficiary.

Whether you are contesting a will or defending a claim against an estate, we offer practical, solutions-focused support designed to protect your interests and, wherever possible, preserve family relationships. To arrange a time to speak with a solicitor, complete our quick and confidential online form.

“Joseph McCarthy was an excellent lawyer. He really was generous with his time and gave us great advice. Would be very happy to recommend him.”

Fiona O'Connell

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1800 390 555

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience advising clients in inheritance and probate disputes. Since joining the firm in 2013, he has helped clients throughout Ireland and internationally resolve a wide range of contentious estate matters, including challenges to the validity of wills, disputes between executors and beneficiaries, claims under the Succession Act 1965, and disagreements arising where a person has died without leaving a will.

His experience extends beyond dispute resolution to will drafting, estate administration, and Enduring Powers of Attorney. This broad knowledge gives him valuable insight into how estate disputes develop and the most effective ways to resolve them. Whether through negotiation, mediation, or court proceedings, Joseph is committed to helping clients achieve practical outcomes while protecting their interests. If you are involved in an inheritance dispute and would like clear, confidential legal advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to inheritance disputes.

How long do I have to make a claim?

The time limits for making a claim against an estate can be strict. For example, a claim under Section 117 of the Succession Act 1965 must be brought within six months from the date the Grant of Representation is first issued. It’s crucial to seek legal advice as soon as possible to ensure you don’t miss any deadlines.

What is a legal right share?

Under Irish law, a surviving spouse or civil partner has a legal right to a share of the deceased’s estate, regardless of what the will says. This is known as the legal right share. If there are no children, the spouse is entitled to half of the estate. If there are children, the spouse is entitled to one-third.

What is the difference between a probate dispute and an inheritance dispute?

While often used interchangeably, a probate dispute typically relates to the validity of the will itself (e.g., whether it was signed correctly or if there was undue influence). An inheritance dispute, on the other hand, is a broader term that can include claims about how an estate is distributed, such as a challenge by a child for inadequate provision under Section 117, or a dispute over a trust fund.

How can I resolve a dispute without going to court?

Many inheritance disputes can be resolved through alternative dispute resolution (ADR) methods, such as mediation. This involves a neutral third party helping the parties to reach a mutually acceptable agreement. Mediation can often be a faster, less expensive, and less stressful alternative to court proceedings.

What if there is no will?

If a person dies without a valid will, their estate is distributed according to the rules of intestacy set out in the Succession Act 1965. This dictates who inherits the assets, starting with the surviving spouse and children, then other relatives. Disputes can arise when family members disagree over the application of these rules.