Probate Disputes

At McCarthy + Co, we understand that disputes over a will or the administration of an estate can be deeply distressing. Whether you’re concerned about the validity of a will, feel you’ve been unfairly left out, or are facing disagreements between executors or beneficiaries, we are here to help. Our experienced team provides clear, practical advice with empathy and discretion, helping you resolve contentious issues and protect your legal rights during this difficult time.

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Understanding Probate Disputes and Common Issues That Arise

Probate disputes often arise at a time of emotional stress and grief, adding further strain on families already dealing with the loss of a loved one. These disputes can occur when the validity of a will is called into question, or when disagreements arise over how an estate is being managed or distributed.

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 clear, practical advice, helping you understand your position, protect your rights, and resolve complex matters with clarity and care.

His team provides guidance on a wide range of issues, 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.
Executor Disputes – Beneficiaries may dispute how an executor is handling the estate or seek their removal due to alleged misconduct or failure to act.
Claims Under the Succession Act 1965 – For example, children 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.

Whether you’re contesting a will or defending a claim against an estate, our probate solicitors offer practical, solutions-focused support to help you navigate the process and protect your interests.

Arrange a time to speak with a solicitor by completing our quick and confidential online form.

“I’ve used many firms for both personal and company matters over the years, and having had several bad experiences was delighted with the service I received. Joseph was highly professional, warm, and always responded to emails quickly. I think it says a lot when a firm of solicitors puts itself out there looking for feedback in public platforms, and this gave me the confidence to use them, even though I live on the other side of the country to their office (this never presented any issues in our dealings). I would highly recommend them on their service and will certainly be using them again.”

Tony Shone

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience in contentious probate. Since joining the team in 2013, he has helped clients across Ireland resolve disputes over the validity of a will, disagreements between executors and beneficiaries, claims under the Succession Act 1965, and conflicts that arise where a person has died without a will. He understands that these matters often surface at a time of grief and family tension, and he works to resolve them with clarity, discretion, and care.

Alongside his work helping resolve probate disputes, Joseph also assists clients with will drafting, estate administration, and Enduring Powers of Attorney, giving him a thorough understanding of how estates should be managed and where disputes are most likely to arise. Before turning to law, he gained a degree in applied psychology and worked in that field in the United States, experience that informs the sensitivity and judgement he brings to every case. If you are facing a probate dispute and would like clear, confidential 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 probate disputes.

Can I stop probate if I think the will is invalid?

Yes. You can lodge a formal objection known as a caveat with the Probate Office. A caveat prevents a grant of probate from issuing while your concerns are investigated, which gives you time to gather evidence. Because an estate can otherwise be distributed quite quickly, it is wise to act promptly and take legal advice.

On what grounds can a will be challenged?

The most common grounds are a lack of testamentary capacity, undue influence or coercion, fraud or forgery, and a failure to meet the formal signing and witnessing requirements of the Succession Act 1965.

What are the time limits for a probate dispute?

This depends on the type of claim. A child bringing a claim under Section 117 of the Succession Act 1965 must apply within six months of the grant of probate, and this deadline is strictly enforced. Other challenges, such as questioning the validity of a will, do not have a fixed statutory deadline, but you should still act quickly to avoid the estate being distributed before your claim can be heard.

What happens if a family member is left out of a will?

Their options depend on their relationship to the deceased. A child, including an adult child, may apply under Section 117 if they believe a parent failed in their moral duty to provide for them. A spouse or civil partner has stronger protection and is generally entitled to a legal right share regardless of the will. Other relatives usually have limited rights unless they can show financial dependence or other exceptional circumstances.

Can a spouse or civil partner be disinherited?

Generally, no. Under the Succession Act 1965, a surviving spouse or civil partner is entitled to a legal right share of the estate: one-half where there are no children, and one-third where there are children. This applies regardless of what the will says, unless the right has been renounced or extinguished, for example, following a divorce or the dissolution of a civil partnership.

How long does a probate dispute usually take?

This varies with the complexity of the case and how willing the parties are to negotiate. Some disputes settle within a few months through mediation or agreement, while matters that proceed to litigation can take a year or more. Lodging a caveat or waiting for court dates can also affect the overall timeline.

Will my dispute have to go to court?

Not necessarily. Many probate disputes are resolved through negotiation or mediation, which is usually faster, less costly, and less stressful than a court hearing. We always explore these options first, and we only recommend litigation where it is genuinely in your best interests.