Can You Contest a Will in Ireland? Grounds and Time Limits

1. Challenging whether the will is valid

A validity dispute can arise where there is evidence concerning testamentary capacity, undue influence or coercion, fraud or forgery, knowledge and approval, or failure to comply with the statutory signing requirements.

If a will is held invalid, an earlier valid will may become relevant. If there is no earlier valid will, intestacy can become the result. That is very different from asking a court merely to increase one beneficiary's provision.

2. A Section 117 claim by a child

Section 117 allows a child of a testator to apply where the parent is alleged to have failed in the moral duty to make proper provision for the child in accordance with the parent's means.

There is no automatic right to equality between children and no fixed percentage. The court considers the application from the perspective of a prudent and just parent.

The current statutory deadline is six months from the first taking out of representation of the estate. This is a specialist, deadline-sensitive claim. See our Section 117 guide.

3. A spouse or civil partner's legal right

A surviving spouse has a legal right share under section 111: one-half of the estate where there are no children and one-third where there are children. Civil partners have corresponding statutory provisions.

This is not a claim that the will was invalid. It is a statutory entitlement operating alongside the will.

What evidence matters in a validity dispute?

The answer depends on the allegation. Relevant evidence can include the original will, earlier wills, the drafting file, medical records, witness evidence, correspondence and evidence about the circumstances in which instructions were given and the document was signed.

A surprising or unequal will is not, by itself, proof of incapacity or undue influence.

Should you enter a caveat?

The Courts Service provides a procedure to object to or stop a probate application in appropriate circumstances. Whether a caveat or another step is correct depends on the dispute. Get contentious-probate advice quickly rather than filing something simply because you dislike the will.

How much does a will contest cost?

There is no responsible fixed price to quote. Costs vary greatly with the claim, evidence, experts, negotiation, mediation and whether proceedings reach a hearing. The court also has powers concerning costs.

The commercial question matters as well as the legal one: a technically arguable dispute may make little sense if litigation risks consuming a disproportionate part of the estate.

If you are thinking of challenging a will

• Do not distribute, remove or alter original testamentary documents.
• Obtain a copy of the relevant will/grant information where available.
• Write down the factual concern separately from your view of what is “fair”.
• Gather known earlier wills, correspondence and relevant records.
• Speak to a solicitor specialising in contentious probate promptly.

If you are making a will and expect a dispute

Do not rely on a standard template where capacity, coercion, estrangement, exclusion of a child, blended-family conflict or another serious dispute risk already exists. Individual legal advice and a proper contemporaneous record can be far more important than the wording of a generic document.

Official references

• Succession Act 1965, section 117
• Succession Act 1965, section 111
• Courts Service: probate and objections

Important: This is general information, not advice on a live dispute. If a death has already occurred and you may have a claim, obtain specialist legal advice immediately.