Wills, Probate and Adverse Possession

A will can only be considered valid if:

The person making the will (the testator) is over 18 years old or has been married.

It is made in writing

The testator has capacity to make a will.

• True

• False

In Respect of Testamentary Capacity, The Probate Office, before admitting the Will to Probate, can request:

• Full Medical Records

• Blood Tests

• News Paper Reports

• MRI Scans

A Will is not Valid in Ireland :

• if there is proof of Duress, Fraud, Undue Influence and Transient diminished capacity

• unless it is Influenced by the Solicitor

• it is not made by a solicitor

• if there is proof of Duress, Fraud and Undue Influence

If a Will is invalid

• It will go to probate

• distributed according to the terms of a previous Will and failing this will go to probate

• the proceeds of the estate will go to the state

Define Adverse Possession:

• the occupation of land to which another person has title with the intention of willfully obtaining it as one's own

• the occupation of land to which another person has title with the intention of possessing it as one's own

• the occupation of land to which another person has title with the intention of obtaining the rights to it as one's own

For Adverse Possession to be granted the claimant must show:

• that the true owner had little use for the land and that the squatter's use and occupation of the lands was made with the intention of acquiring possession.

• that the true owner established tenancy and that the squatter's use and occupation of the lands was made with the intention of acquiring possession.

• that the true owner was dispossessed and that the squatter's use and occupation of the lands was made with the intention of acquiring possession.

This is Adverse Possession Section 49 - Lodgement checklist:

LR Form 6 with exhibits.

(b) PRA compliant Map where required.

(c) Fees of €130.

(d) Application Form incorporating LR Form 17.

(e) Capital Acquisitions Tax (Consolidation) Act, 2003 Certificate [Section 62(2) or 62(7)]

(f) Birth certificate and Drivers License of applicant

• True

• False

The Relevant legislation for adverse possession is:

Statute of Limitations 1957

Registration of Title Act 1964 (Section 49)

Succession Act 1965 (Sections 123 to 127)

The Family Home Protection Act 1976 (Sections 21 and 23)

• True

• False

A Section 48 application is appropriate when an applicant is claiming entitlement to property on the basis of adverse possession of property thereby rendering the interest of the legal owners statute barred.

• True

• False

A person may be deemed to be in adverse possession of property when he/she in sole exclusive occupation thereof without acknowledgement to the legal owner(s) and his occupation is inconsistent with the title of the true owner. Whether adverse possession can be deemed to exist depends on an examination of the facts and circumstances of each case.

• True

• False