The Succession Act 1965 Explained in Plain English

Last updated: April 2026

If you're thinking about making a will in Ireland—or you've just inherited under one—you need to understand the Succession Act 1965. This sixty-year-old piece of legislation is the backbone of Irish succession law, and it controls what happens to your property when you die.

Despite its importance, the Act is written in dense legal language that can feel impenetrable. This guide breaks it down into plain English, so you know exactly how it affects your will, your estate, and your family's future.

What Is the Succession Act 1965 and Why Does It Matter?

The Succession Act 1965 is the primary law governing inheritance in Ireland. It came into force on January 1, 1967, replacing a patchwork of older statutes dating back centuries. The Act covers three main areas:

• Wills — how you can (and can't) distribute your estate
• Intestacy — what happens if you die without a valid will
• Family protection — limits on your freedom to disinherit certain people

Why does this matter? Because you cannot simply leave your property to whoever you want. Irish law imposes strict protections for spouses, civil partners, and children—even if you specifically want to exclude them from your will.

Understanding the Succession Act means understanding the rules of the game. Whether you're drafting your first will or updating an existing one, this legislation sets the boundaries.

The Legal Right Share: Your Spouse's Guaranteed Inheritance (Section 111)

One of the most important provisions in the Succession Act is Section 111, which establishes the legal right share. This is a mandatory minimum inheritance for surviving spouses and civil partners, and it overrides anything written in your will.

How the Legal Right Share Works

If you're married or in a civil partnership, your spouse/partner is automatically entitled to:

• One-half of your estate if you have no children
• One-third of your estate if you do have children

This applies regardless of what your will says. Even if you leave everything to a charity or write your spouse out entirely, they can claim their legal right share.

Can Your Spouse Refuse the Legal Right?

Yes. A spouse can choose to accept what's in the will instead—but only if it's more beneficial. Most spouses claim the legal right share when the will gives them less than their statutory entitlement.

What About Cohabiting Partners?

Here's the catch: the legal right share only applies to married couples and civil partners. If you're in a long-term relationship but not legally married, your partner has no automatic right to inherit under the Succession Act.

Cohabiting partners can apply under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, but there's no guarantee. If you're unmarried, making a will is absolutely essential.

Intestacy Rules: What Happens If You Die Without a Will (Part VI)

Part VI of the Succession Act sets out the intestacy rules—the default inheritance plan that kicks in if you die without a valid will (or if your will doesn't cover your entire estate).

These rules follow a strict hierarchy:

Scenario 1: You're Survived by a Spouse and Children

• Spouse receives two-thirds of your estate
• Children share the remaining one-third equally

Scenario 2: You're Survived by a Spouse, No Children

• Spouse receives the entire estate

Scenario 3: You're Survived by Children, No Spouse

• Children share the entire estate equally
• If a child has died, their children (your grandchildren) inherit their parent's share

Scenario 4: No Spouse or Children

The estate passes in this order:

1. Parents (share equally if both alive)
2. Brothers and sisters (or their children if they've died)
3. Nieces and nephews
4. Grandparents
5. Aunts and uncles (or their children if they've died)
6. The State (if no living relatives can be found)

For a detailed breakdown of intestacy scenarios and how they play out in practice, read our guide on what happens if you die without a will in Ireland.

Why the Intestacy Rules Are Rarely Ideal

The intestacy rules are a one-size-fits-all solution. They don't account for:

• Estranged family members you don't want to inherit
• Stepchildren (who have no automatic right to inherit)
• Close friends or charities you'd like to support
• Specific items you want to leave to particular people
• Business assets that need careful succession planning

This is why making a will is so important—it gives you control over who gets what, rather than leaving it to a legal formula.

Freedom of Testation: The Limits on Your Choices

In many countries, you can leave your estate to anyone you choose. Ireland is different. The Succession Act places clear limits on your freedom of testation (your freedom to distribute your estate as you wish).

The two main restrictions are:

• The legal right share (Section 111) — protecting your spouse/civil partner
• Section 117 applications — protecting your children

These protections mean you cannot fully disinherit your spouse or children, even if you want to. The law prioritizes family welfare over individual freedom.

Section 117: When Children Can Challenge Your Will

Section 117 is one of the most contested parts of the Succession Act. It allows a child to apply to court if they believe the will has "failed in its moral duty to make proper provision" for them.

Who Can Make a Section 117 Claim?

The right to apply is limited to children of the deceased. This includes:

• Biological children
• Adopted children
• Children born outside marriage

Stepchildren and foster children cannot make a Section 117 claim unless they've been legally adopted.

What the Court Considers

The court doesn't automatically order an equal share. Instead, it considers:

• The age and financial position of the child
• The size of the estate
• Other beneficiaries and their needs
• The child's conduct (e.g., whether they cared for the deceased)
• Any lifetime gifts already given to the child
• The reasons (if known) why the deceased excluded or limited the child's inheritance

The test is whether the will makes "proper provision" in all the circumstances—not whether it's fair or equal.

Real-World Examples

Example 1: A wealthy parent leaves everything to charity, excluding their adult, financially independent children. The court might find no moral duty was breached—the children don't need the money.

Example 2: A parent leaves everything to one child, excluding another who has a disability and limited income. The court is likely to order provision for the excluded child.

Example 3: A parent who gifted €200,000 to their son during their lifetime, then left their estate to their daughter. The court may consider the lifetime gift when assessing whether proper provision was made.

Time Limits

A Section 117 application must be made within six months of the grant of probate (or twelve months from the date of death, whichever is later). Miss this deadline and you lose the right to challenge.

How the Succession Act Affects YOUR Will: Practical Implications

So how does all this affect your will-making decisions? Here's what you need to know:

1. You Cannot Fully Disinherit Your Spouse

Even if you're separated (but not divorced), your spouse is entitled to claim their legal right share. If you're going through a separation, get proper legal advice—your will needs to account for this.

2. You Can Disinherit Your Children—But They Can Fight Back

You're legally allowed to leave nothing to your children, but they can challenge under Section 117. If you're intentionally excluding a child, consider including an explanatory letter with your will (though this doesn't guarantee the court will uphold your decision).

3. Stepchildren Get Nothing Unless You Provide for Them

Stepchildren have no automatic right to inherit under Irish law. If you want to provide for them, you must name them specifically in your will.

4. Your Executor's Role Is Defined by the Act

The Succession Act sets out the duties and powers of your executor, including their responsibility to collect assets, pay debts, and distribute the estate according to law.

5. inheritance tax Rules Sit Alongside Succession Law

The Succession Act tells you who inherits. The Capital Acquisitions Tax Act tells you how much tax they'll pay. These are separate issues, but both matter when planning your estate. Understanding inheritance tax thresholds can help you structure your will to minimize the tax burden on your loved ones.

6. Life Interest vs. Absolute Ownership

The Act allows you to give someone a "life interest" (the right to use property during their lifetime) while leaving the ultimate ownership to someone else. This is common when people want to provide for a surviving spouse while ensuring the property eventually passes to children.

Common Misconceptions About the Succession Act

Let's clear up some widespread myths:

Myth 1: "My Will Overrides Everything"

Reality: Your will is subject to the legal right share and Section 117 claims. You cannot use a will to bypass statutory protections.

Myth 2: "My Partner Will Inherit Everything Because We've Lived Together for Years"

Reality: Cohabiting partners have no automatic inheritance rights under the Succession Act. You must make a will if you want your partner to inherit.

Myth 3: "If I Die Without a Will, the State Takes Everything"

Reality: The State only inherits if you have no living relatives at all—an extremely rare situation. The intestacy rules will distribute your estate to your family.

Myth 4: "I Can Disinherit My Spouse by Getting Separated"

Reality: Separation doesn't end inheritance rights. Only divorce or dissolution of a civil partnership removes the legal right share. Until then, your estranged spouse can claim.

Myth 5: "A Will Made Abroad Is Valid in Ireland"

Partly true: A will made in another jurisdiction may be recognized in Ireland, but it must comply with Irish succession law regarding the legal right share and Section 117. It's always safer to make an Irish will for Irish assets.

Myth 6: "Once I Make a Will, I'm Done"

Reality: Wills should be reviewed every few years or after major life events (marriage, divorce, births, deaths, acquisition of property). A will that was appropriate ten years ago may no longer reflect your circumstances or wishes.

How to Make Sure Your Will Complies with the Succession Act

The good news? You don't need to be a legal expert to make a valid will that complies with Irish law. Here's how to get it right:

1. Understand the Mandatory Protections

Start by accepting that your spouse/civil partner has a legal right share, and your children may challenge the will. Plan your estate with these constraints in mind.

2. Be Clear About Your Intentions

If you're making unusual provisions (e.g., leaving more to one child than another), consider documenting your reasons. While this doesn't guarantee the will won't be challenged, it can help a court understand your thinking.

3. Use Clear, Unambiguous Language

Vague or contradictory wills lead to disputes. Use precise language and avoid terms that could be interpreted multiple ways.

4. Choose Your Executor Carefully

Your executor needs to navigate the Succession Act's requirements, deal with the Revenue Commissioners, and potentially defend the will against challenges. Choose someone competent, trustworthy, and willing to take on the role.

5. Review Your Will Regularly

Life changes. So should your will. Major events that should trigger a review include:

• Marriage or civil partnership (which automatically revokes previous wills)
• Divorce or dissolution
• Birth or adoption of children
• Death of a beneficiary or executor
• Significant changes in your financial situation
• Acquisition or sale of major assets (especially property)

6. Consider Professional Advice for Complex Estates

If your estate includes business assets, foreign property, life interest arrangements, or you anticipate a Section 117 challenge, get professional legal advice. The cost is small compared to the potential for expensive court disputes after your death.

Take Control: Make Your Will Today

The Succession Act 1965 sets the rules—but you still have significant control over who inherits your estate and how it's distributed. The key is understanding the boundaries and working within them.

A well-drafted will that complies with Irish succession law ensures:

• Your wishes are respected (within legal limits)
• Your family is provided for
• Disputes and legal challenges are minimized
• Your executor has clear guidance
• The probate process is as smooth as possible

Making a will doesn't have to be complicated or expensive. MakeAWill.ie offers legally compliant Irish will templates that take the guesswork out of the process. Our templates are designed by legal professionals to ensure compliance with the Succession Act 1965 and all other relevant Irish legislation.

Ready to make your will? Browse our will templates and take the first step toward protecting your family's future. All templates include clear guidance, plain-English instructions, and everything you need to create a valid Irish will.

Don't leave your family's inheritance to chance—or to the intestacy rules. Take control today.