The short answer
Section 117 does not guarantee an adult child an equal share of a parent's estate. It allows a child of a person who died leaving a will to apply to court where the parent is alleged to have failed in the moral duty to make proper provision for that child in accordance with the parent's means.
What does the court actually decide?
Section 117 directs the court to consider the application from the point of view of a prudent and just parent. It looks at the child bringing the application, the position of the other children and any other circumstances that help it reach a result that is as fair as possible.
There is no statutory formula saying every child receives the same percentage.
Who can make the application?
The section applies to a child of the testator. Adoption and family-status questions can have legal consequences, so anyone uncertain whether they fall within the provision should obtain advice rather than relying on a general label such as “stepchild” or “treated like a child”.
Does Section 117 apply on intestacy?
The provision concerns a child of a testator, meaning a parent who died leaving a will. Where there is no valid will, the statutory intestacy rules determine distribution instead.
What is the deadline?
An application must be made within 12 months from the first taking out of representation of the deceased's estate. This is the current wording of section 117(6).
Do not rely on older Irish articles that still refer to a six-month Section 117 deadline. If a parent has already died and a claim is being considered, get specialist advice promptly rather than using the end of the period as a target date.
What factors can matter?
The statute does not reduce the decision to a checklist. Depending on the case, evidence about the size of the estate, the child's circumstances, lifetime provision, family relationships, competing responsibilities and the reasons for the testamentary arrangement may all become relevant.
Estrangement or unequal treatment is therefore not an automatic win or loss. The court evaluates the actual circumstances.
What about the surviving spouse?
Section 117 expressly protects the surviving spouse's legal right share. Where the surviving spouse is also the mother or father of the child bringing the application, the statute gives additional protection to the spouse's testamentary or intestacy provision.
What can the court do?
If the statutory test is satisfied, the court can order that provision be made for the child out of the estate as it thinks just, subject to the protections in the section.
That is a targeted statutory remedy. It does not necessarily mean the whole will disappears.
If you are considering a claim
- Get a copy of the will and grant information where available.
- Identify the date representation was first taken out.
- Preserve correspondence and evidence relevant to family circumstances and lifetime provision.
- Use a solicitor experienced in contentious succession work.
If you are making a will and deliberately providing unequally
Do not assume a short explanation in a DIY template immunises the estate from a future claim. Where you are excluding a child, making very unequal provision or anticipating litigation, obtain bespoke legal advice and create an appropriate professional record of your instructions.
Official reference
Important: This is general information, not advice to a potential claimant or estate. Section 117 proceedings are court litigation and are highly fact-sensitive.
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