Gavin Burke

Probate

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Text	There are many claims which can be taken against an Estate of the Deceased. These claims include Section 111 applications to the Court wherein the spouse of the Deceased takes their ‘legal right share’ of the Estate. The legal right share is one third if the Deceased leaves a spouse and children, or two thirds if the spouse leaves a spouse and no children. Children of the deceased can also take a claim under Section 117 of the Succession Act 1965. In these applications there are a number of criteria which can be taken into account by the court when deciding whether the Deceased failed in their moral duty to make proper provision for the child. Please contact our office for legal advice if you think that you have a claim that you wish to discuss.