Time waits for no man…or child. In law there is a concept known as the Statute of Limitations – lawyers refer to this as ‘the Statute’.

Essentially various time limits are put on various legal heads of claim within which time a claimant must take action or his claim will automatically fail. 

When a case fails because the time limit has passed, it is said to be statute-barred.

A lawyer permitting a case upon which they are instructed which is subsequently deemed to be statute-barred can be found professionally negligent, such are the serious implications and gravity of missing ‘the Statute’.

In a variety of cases for children, but crucially not all, the Statute does not commence until the child reaches the age of majority i.e. eighteen.

Exceptions to Statute Deadline

One important exception to this, is relief pursuant to s.117 the Succession Act, 1965 where a child (ordinarily an adult child) is making a claim against the estate of their deceased mother or father on the basis that they were not properly provided for during their lifetime by their parent.

While a claim by a beneficiary against the estate of a deceased on the basis of fraud has a statute of 6 years by virtue of s.126 of the Succession Act, a claim pursuant to s.117 (for inadequate provision by a parent towards a child in their will) has a very short timeframe within which action must be taken or it will become statute-barred.

We have acted in a variety of these cases and the time limit is extremely short – it is six months from the date of issue of the Grant of Probate.

For a bereaved child (or indeed parent or guardian of a child) to have to swiftly take legal action while still in grief the prospect of legal action is daunting and often feared to appear to be mercenary, yet the Statute remains and must be addressed.

‘Blended Families’

In this modern era of family life, family structures differ to those of yesteryear (or indeed perhaps they don’t differ much at all) but society’s acceptance of them is more open.

We have noticed an increasing number of persons who are single parents coming forward to take action on behalf of their children whose other parent has passed away without leaving provision for their child.

Sometimes this arises in the shape of blended families or second families or indeed lone parent families.  Either way, one shouldn’t delay if affected but should seek immediate advice as time can otherwise pass beneath ones feet if not addressed.

Reforming the Law

2017 Law Reform Commission Report on this specific provision of the Succession Act relating to claims by children against the estate of their parents for a claim that a parent did not make adequate or any provision for a child in their will.

The report found that the law should take account of changing family relationships and demographic changes since the Succession Act 1965 was enacted.

Important social changes since the 1960’s have included the recognition of equal rights for all children in succession law and the introduction of divorce, which has meant that applications under section 117 often now involve more complex family settings.

The law has adapted in practice to deal with claims brought in such scenarios even to cases where proof of parentage has to be established post-death in situations where a parent (such as a father) is not on the birth certificate nor has had an involvement in the child’s welfare or upbringing.

Carmody Moran Solicitors have a depth of experience in such claims and in handling them in a sensitive and professional manner while protecting the interests of the claimant (either acting in person or by way of the other parent or guardian acting in the interests of the infant child). 

It is possible to bring such cases and the law in practice has adapted so infant (as well as adult) children in a variety of circumstances can take action to secure a just outcome and protect their future. 

To arrange a preliminary consultation, phone us on (01)8272888 or use our contact form here.

INDEPENDENT GOOGLE CLIENT REVIEWS

Tony an his team are brilliant.Left no stone unturned.
Fran Carroll
Fran Carroll
18:10 10 Jun 21
We availed of Carmody Moran Solicitors for the sale of our property. Niamh and her team were very efficient, quick, easy to reach and, most importantly, proactive to solve issues and process the sale. Really happy with the service and a very good value for money. Highly recommend!
Lorenzo Galati Giordano
Lorenzo Galati Giordano
08:11 03 Jun 21
Would highly recommend Anthony Carmody as he was so supportive with me and my family's case. If you made contact he would ring or email you back that day and explain things in your language.
Annamay Rowan
Annamay Rowan
12:21 10 Mar 21
Fantastic experience dealing with Anthony. Excellent and quick communication. Would highly recommend!
Anant Batra
Anant Batra
00:05 05 Feb 21
Great service, efficient, proffesional, very responsive. Over all very happy with services.
Elvyra Petkeviciute
Elvyra Petkeviciute
15:43 02 Sep 20
Would highly recommend Anthony and his team .
Tracy Ankers
Tracy Ankers
11:22 02 Aug 20
Really pleased with the advice, help, communication and understanding that I received all the way through my case. A very personable and professional firm with the focus always on the client.
Elaine McSweeney
Elaine McSweeney
10:01 31 Jul 20
Would highly recommend. No nonsense straight to the point. Kept informed at all times during the process. Anthony and staff all great.
Maxine Hudson
Maxine Hudson
13:47 12 May 20
Great team to deal with, very professional, communication from them constantly was beyond amazing, nothing but great things to say for them, Tony went above and beyond for me, highly recommended A++ for there service, thank you again guys much appreciated.
Mark Kelly
Mark Kelly
02:11 06 Feb 20
My experience with this law firm was exceptional. Tony is a very professional man who gave me his time and opinion without over promising on the result. Honest and trustworthy - Highly recommend
Mick Giles
Mick Giles
15:50 09 Dec 19
Absolute pleasure working with the CM team. Highly professional, always helpful. Great communication and made the process as hassle free as possible. Highly recommended.
david clarke
david clarke
17:01 02 Dec 19
Streetfront Lawyers.
Matthew Canning
Matthew Canning
17:17 23 May 19
Professional Solicitors that you can depend on!
Alan Alyyan
Alan Alyyan
19:14 21 Jan 19
We have dealt with both, Niamh and Anthony. Very pleased with the level of service. Very professional and always there to answer any questions we had while guiding us through the process. Highly recommended
Vanja Jovanovic
Vanja Jovanovic
07:49 06 Jul 18
Great to deal with professional,patient and efficient. Big thanks to Niamh, Leanne and Camilla .
Bonnie B
Bonnie B
07:52 14 Jun 18
Great service from Niamh, Leanne and all the team at Carmody Moran. Thanks
declan mcgrath
declan mcgrath
07:36 12 Jun 18
Our experience with Carmody Moran was very positive. They were very professional and always there on the phone if I ever needed anything. Great service.
Phyllis Dalton
Phyllis Dalton
16:33 31 May 18
We selected Carmody Moran to represent us. Great experience with Niamh and the crew after over a year engagement on property dealings have nothing but great things to say. Very professional, prompt to queries and very responsive. Highly recommended.
Andrew Penrose
Andrew Penrose
23:57 24 May 18
Professional but very friendly and courteous.
Paul Moran
Paul Moran
17:52 25 Feb 18
I went to Carmody after deciding to get a house. I found their work is detailed and very reliable. I will go again to them for next time legal service.
jingjing xu
jingjing xu
16:11 15 Jun 15
I went to Carmody Moran Solicitors after a car accident and needed injury claim advice, I was incredibly impressed and was kept well informed of how my claim was progressing.They were very straight forward and never set unrealistic time frames or over promising but delivered on everything, They were consummate professionals and I really can't thank them enough, I would highly recommend them to anyone and I will use them for any legal advice I may have in the future.
David McGowan
David McGowan
16:43 14 May 15
I have always found the service offered by Carmody Moran to be first rate and i would would have no hesitation in recommending them.
Terry Palmer
Terry Palmer
15:24 23 Apr 15
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