Litigation and dispute resolution is a key legal service which Bohan Solicitors provides to our Clients. In particular, we deal with the resolution of disputes, whether through determination by the Courts or through mediation or arbitration in the following matters:
Application by children of the deceased parties under Section 117 and Section 120 of the Succession Act 1965. Applications by beneficiaries under the Succession Act 1965 arising out of claims for coercion, undue influence, lack of capacity
Bohan Solicitors processes adverse possession claims on behalf of Clients and defends such claims against Clients.
Bohan Solicitors provides advice on all areas of litigation arising out of commercial disputes, including the processing of claims through the Commercial Court, obtaining Injunctive Relief in both commercial and planning matters and we handle malpractice and professional negligence claims.
Bohan Solicitors advises Clients on the processing of claims on behalf of injured parties with the Injuries Board as well as through both The Circuit Court and The High Court.
The saying goes that “where there’s a Will, there’s a relative” and Probate Law is one of the main areas of litigation in Irish Courts.
Some of the reasons for Probate litigation are:-
i. Spouses claim their legal right share of their deceased husband’s or deceased wife’s estate. When there is a Will, the surviving spouse has a legal right to one-third of the estate where there is a child or are children of the marriage and to half of the deceased’s estate where there are no children. If the spouse dies without a Will (Intestate), then the surviving spouse has a legal right to two-thirds of the deceased spouse’s estate.
ii. Children may wish to challenge a Will if they feel that a deceased parent has not adequately provided for them either during their life or on death. In this case Section 117 proceedings may be issued up to six months after the issue of the Grant of Probate. This time limit is crucial and cannot be extended.
iii. Caveats can be lodged in the Probate Office, to prevent the issue of a Grant of Representation in a deceased’s estate where there is a genuine belief that the terms of a Will are incorrect (i.e. by mistake) or where undue influence has been brought to bear on the Testator or Testatrix (the person who made the Will) or where there is evidence that on the date that he or she made the Will, the Testator/Testatrix did not have the required mental capacity to do so.
People who have been in possession of lands and or buildings for more than 12 years (30 years in certain cases), without legal title to that property, may, subject to several conditions, be entitled to claim ownership of the property by reason of adverse possession (the old squatters title). If you think you have a claim which can be registered in your favour, or if you are worried that an adverse possession claim may be made against your property, contact us for advice – we have a wide experience in having our Clients registered as owners by reason of adverse possession and have also defended similar proceedings on behalf of Clients.