Section 117 Succession Act: Children's Right to Contest a Will in Ireland

What Section 117 Actually Says

Under Irish law, children do not have an automatic statutory right to inherit a fixed share of their parent's estate. That right belongs exclusively to a surviving spouse or civil partner, who receives the "legal right share" regardless of what the will says.

But children are not without protection. Section 117 of the Succession Act 1965 allows any child — including adult children — to apply to the court for a share of the estate if the parent "failed in his moral duty to make proper provision for the child in accordance with his means."

This is not a guaranteed entitlement. It is a discretionary claim where the court weighs whether the parent did enough, given their financial position, during their lifetime and in their will.

The Six-Month Time Limit

A Section 117 application must be made within six months from the date representation is first taken out — meaning six months from the date the Grant of Probate (or Grant of Letters of Administration) is issued by the Probate Office. This deadline is strict and non-extendable. Courts have consistently refused late applications.

The clock creates a practical problem: executors have no legal obligation to notify children who may have a claim. An estranged child who does not learn about the Grant until seven months after it issued has lost the right to claim permanently.

If you are a child who expects nothing from a parent's estate but believes you may have a Section 117 claim, monitoring the Probate Office records or making enquiries with the executor through a solicitor within the first few months after death is the only way to protect the deadline.

What "Moral Duty" Means in Practice

Courts assess the parent's conduct holistically. The test is not whether the child needs money — it is whether the parent discharged their moral obligation to provide, given everything in the picture:

• The parent's means. A parent with a modest estate who left everything to a dependent spouse may have fully discharged their duty. A parent with a large estate who left nothing to any child will face a heavier burden of justification.
• Provision during lifetime. Courts consider what the parent already gave — education funding, house deposits, financial support during the child's early adult years. A parent who funded a child's medical degree and contributed to their first home may have already satisfied the moral duty, even if the will leaves that child nothing.
• The child's circumstances. A child with a disability, chronic illness, or financial hardship receives more weight than an independently wealthy adult child.
• Other beneficiaries' needs. The court balances the applicant's claim against the needs of the surviving spouse, other children, and any dependants.

The duty is "moral" rather than "legal" — it is an objective assessment of what a prudent and just parent would have done, not what the child wishes they had done. Parental estrangement does not automatically defeat a claim, but it can reduce the provision the court orders.

What the Court Can Order

If the court finds the parent failed in their moral duty, it can order provision from the estate for the child. This might be a lump sum, a transfer of specific property, or an ongoing income provision. The court has wide discretion — there is no formula or fixed percentage.

The provision comes out of the estate before remaining bequests are distributed, which means other beneficiaries receive less. This makes Section 117 claims intensely contentious within families, and many are settled by negotiation before reaching a full hearing.

Protecting Against a Section 117 Claim

Parents who want to minimise the risk of a successful Section 117 application have several options:

• Make reasonable lifetime provision — documented gifts, education funding, or property transfers during the parent's lifetime count heavily in the parent's favour
• Draft a Memorandum of Wishes alongside the will, explaining the reasoning behind the distribution. This is not legally binding, but courts have considered it as evidence of the parent's thought process
• Ensure the will expressly acknowledges all children, even those receiving nothing, and briefly states the reasoning

The Law Reform Commission has recommended shifting the test from "moral duty" to "proper provision" and introducing a legal presumption that adult children over 18 (or 23 if in full-time education) have already been provided for unless specific detriments are proven. This reform has not yet been enacted, but it signals the direction of travel.

The Ireland End-of-Life Planning Guide covers Section 117 risks alongside will drafting, legal right share calculations, and estate structuring — helping you plan around these claims rather than discovering them after the fact.

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