Section 117 Claims in Ireland: Can an Adult Child Challenge a Will?

If a parent leaves you little—or nothing—in their will, Irish law gives children a specific route to challenge that outcome: Section 117 of the Succession Act 1965. This is one of the most searched and misunderstood inheritance issues in Ireland.

This guide explains when a Section 117 claim can work, who can bring one, how long you have, and the mistakes that sink otherwise strong cases.

What is a Section 117 claim?

Section 117 allows a child of a deceased parent to ask the court to decide whether that parent failed in their “moral duty” to make proper provision for the child in the will.

It is not an automatic right to an equal share. The court asks whether a “prudent and just parent” would have provided more in the circumstances.

Who can make a claim?

Biological children
Legally adopted children

Stepchildren and other relatives cannot use Section 117 unless adopted.

When does Section 117 apply?

The parent died testate (with a will)
The child believes provision is inadequate
The claim is filed on time

If there is no will, intestacy rules apply instead and Section 117 is not the route.

The deadline most families miss

You must issue proceedings within 6 months of the Grant of Probate (or Grant of Administration with Will Annexed). This deadline is strict. Delay can end the claim, even if the facts are strong.

Practical tip: get legal advice before probate if you suspect a dispute, and monitor the probate grant date closely.

What the court looks at

Your financial position, debts, income, and needs
Your age, health, and earning capacity
Size of the estate
Any support already received during the parent’s lifetime
Your relationship with the parent (including estrangement context)
Competing claims from spouse/civil partner and siblings

Important: a surviving spouse/civil partner’s legal right share is strongly protected and cannot simply be displaced by a child’s claim.

What evidence helps

Full asset and liability schedule
Medical records where relevant
Correspondence showing parent’s intentions
Evidence of dependence, hardship, or special circumstances
Evidence of lifetime gifts to other children

Likely outcomes

Most successful claims result in a targeted adjustment—not a complete rewrite of the will. Courts may award a lump sum or specific provision where justified by need and fairness.

Costs and risk

Section 117 litigation can be expensive. Even where claims are reasonable, cost outcomes vary. Many disputes settle through negotiation or mediation before trial to protect estate value and reduce family strain.

How to reduce dispute risk when making your own will

Document reasons for unequal provision
Keep records of significant lifetime support
Review your will after major family changes
Use clear, professionally drafted wording

Final word

Section 117 is a real safeguard for children—but it is technical, deadline-driven, and evidence-heavy. Fast, specialist advice matters.

Need to put your wishes in writing clearly? Start your Irish will online with MakeAWill.ie.

Section 117 Claims Ireland: Child Inheritance Rights Guide (2026)