Contesting a Will in Ireland: Section 117 and Other Grounds (2026 Guide)
By Dylan Holland, Founder, OnlineLegalServices.ie
Most people who consider contesting a will in Ireland never file a claim. They are told the case is hopeless, the legal fees will outstrip the inheritance, or that the family fight is not worth the cost. Often that advice is correct. But a meaningful minority of cases — particularly Section 117 claims by adult children — are settled or won every year, and the framework for bringing one is more accessible than most families realise. This article sets out the four main grounds for challenging a will in Ireland in 2026, the time limits, the evidence you need, and the points where independent legal review is worth the modest fee.
The four main grounds for contesting a will in Ireland
An Irish will is presumed valid once admitted to probate. To overturn or vary that presumption, a challenger must run one of four main legal arguments:
- Want of due execution — the will was not signed and witnessed in line with section 78 of the Succession Act 1965 (testator’s signature in the presence of two witnesses, who then sign in the testator’s presence).
- Lack of testamentary capacity — the testator did not understand the nature of making a will, the extent of their estate, or the claims of those who might expect to benefit, when they signed.
- Undue influence or fraud — the testator’s free will was overborne, or the will was procured by deception. This is a high bar and requires more than evidence of a close caregiving relationship.
- Section 117 — failure to provide for a child — the deceased failed in their moral duty to make proper provision for a child of the deceased. This is the most common live route for adult children of the testator.
Cases where the will is missing entirely, where the original cannot be located, or where multiple wills exist sit alongside these and are typically run as evidence problems within one of the four grounds above.
Section 117 in plain English
Section 117 of the Succession Act 1965 says that if the High Court is of the opinion that the testator has failed in their moral duty to make proper provision for a child of the deceased, the court may order such provision out of the estate as the court thinks just. Two phrases do most of the work: “moral duty” and “proper provision.”
The Irish courts apply Section 117 with restraint. The court is not asked whether the testator was fair, nor whether the child has done well or badly in life. It asks whether, in light of the testator’s means, the child’s circumstances, and the broader family context, the testator failed in the moral duty to provide. That moral duty does not give every adult child a right to an equal share. It is closer to a safety net.
Common Section 117 patterns the courts have heard:
- The testator left an estate of significant value but excluded one child entirely, often because of a long-running estrangement.
- The testator made advances to one child during their lifetime — funded a deposit, paid for education, transferred a property — and the will reflects no balancing provision for siblings.
- A child has a particular vulnerability (a disability, a chronic illness, an inability to work) and the will makes no allowance for it.
- A second-marriage estate is left entirely to the new spouse with no provision for children of the first marriage.
Section 117 is not a route to renegotiate the will. The court considers the full picture and, where it makes an order, the order is targeted to remedy the specific failure of provision rather than to rewrite the testator’s plan.
Time limits — the most common reason claims fail
Section 117 has a strict six-month time limit from the date the grant of representation is first taken out (typically a Grant of Probate where there is a will). This is not extended by goodwill, family negotiation, or the fact that the person bringing the claim only learned of the estate later. The clock starts at the grant and runs through Christmas, summer holidays, and family meetings.
Other grounds (capacity, undue influence, due execution) generally allow a longer window — six years from the date of the breach or the discovery of the relevant facts under the Statute of Limitations Act 1957, with case-specific complications. But the practical advice is the same: act quickly. Evidence becomes harder to assemble as time passes, witnesses move and forget, and medical records become harder to retrieve.
What evidence the courts actually look at
The strength of a will challenge in Ireland is rarely determined by the legal argument. It is determined by the evidence you can put in front of the court within the time limit.
- Medical records — particularly GP notes, hospital records, and any neuropsychological assessments around the date the will was signed. These are central to capacity claims.
- The original will and any prior wills — patterns of revision tell their own story. A will signed in the final weeks of life that radically changes earlier dispositions invites scrutiny.
- The drafting solicitor’s attendance notes — the solicitor’s contemporaneous notes of meetings with the testator are admissible and are often decisive in capacity and undue influence cases.
- Bank statements, transfer records, and CRO filings — to map lifetime advances and beneficial transfers.
- Witness statements from family, GPs, carers, and friends — to establish the testator’s day-to-day capacity and the relationship with each potential beneficiary.
For a Section 117 claim specifically, the child bringing the claim should be ready to put their own circumstances on the record: education, earnings, dependents, vulnerabilities, and any lifetime support already received from the deceased.
What it costs to challenge a will in Ireland
Contested probate is one of the most cost-variable areas of Irish litigation. A claim that settles after a written demand and exchange of papers can cost €4,000–€10,000. A claim that proceeds through Discovery, witness statements, and hearing in the High Court can run €40,000–€100,000+ depending on complexity, and costs awards do not always follow the case where the estate is itself the source of funding.
Most claims do not run that far. The common path is a short initial review, a written demand letter to the executor, a without-prejudice negotiation, and either a settlement deed or a withdrawal. The early-stage cost is small relative to the inheritance value at stake, which is why an early independent legal review is the highest-leverage step in the process.
What to do before you file
The same five steps apply whether you are considering a Section 117 claim or another ground:
- Confirm whether the grant of probate has issued — search the Probate Office’s online records.
- Calculate the six-month deadline (Section 117) or the longer deadline (other grounds) and diary it twice.
- Request a copy of the will from the Probate Office and any prior wills from the drafting solicitor.
- Begin gathering medical and financial records — GPs and banks will require formal next-of-kin authority and can take weeks to respond.
- Take an independent legal review before contacting the executor. A short, fixed-fee review will tell you whether your case is realistic, what evidence is missing, and what the realistic settlement range is.
If you are considering a claim, our Section 117 child challenge advice pack walks through the merits, evidence, and costs in a fixed-fee review. For more general will or probate disputes, the contested probate advice pack covers all four grounds. Where you are the executor on the receiving end of a challenge, the executor rescue pack sets out your duties and protections.
What to do if you are the executor
An executor’s duty is to administer the estate in line with the will and the law, not to defend the testator’s choices personally. If a Section 117 claim is intimated, the executor’s job is to put the court and the parties in the best possible position to resolve the claim — gather evidence, take instructions from the residuary beneficiaries, and avoid making distributions during the six-month window. An executor who distributes the estate in the face of a known or imminent claim can become personally liable.
Frequently asked questions
Can I bring a Section 117 claim if I was estranged from my parent for years?
Yes. Estrangement does not by itself defeat a Section 117 claim. The court considers the full circumstances, including who caused the estrangement and whether it was a meaningful break in the parental relationship. Long-standing estrangement makes the claim harder, but does not bar it.
What is the time limit to challenge a will in Ireland?
For a Section 117 claim by a child, the limit is six months from the date the grant of representation issues. For other grounds (lack of capacity, undue influence, due execution) the general limit under the Statute of Limitations is six years, subject to case-specific facts. Act quickly in either case — evidence deteriorates fast.
How likely am I to win a Section 117 case?
Most Section 117 claims that proceed to formal proceedings are settled rather than tried. Claims by adult children where the estate is substantial and the child has been entirely excluded settle in a meaningful share of cases. Claims by financially well-established adult children against modest estates rarely proceed past initial review.
Can a spouse contest a will in Ireland?
A spouse has a separate, stronger right under the Succession Act 1965 — the legal right share. The legal right share is one-half of the estate where there are no children and one-third where there are children. The spouse can claim the legal right share regardless of what the will says, by filing notice within twelve months of the grant or six months of being notified by the executor (whichever is later).
What if the will has been lost or destroyed?
If the original cannot be found, a copy may be admitted to probate where there is evidence of the testator’s last instructions and that the will was not deliberately revoked. This is a more complex application and benefits strongly from early legal advice.
Can I challenge a will if I am not a child of the deceased?
Section 117 is reserved for children. Other grounds — capacity, undue influence, due execution — are open to any person with sufficient interest in the estate, including grandchildren, dependents, and parties who would benefit on intestacy if the will were set aside.
How long does a contested probate case take in Ireland?
A negotiated settlement can resolve in 3–6 months. A case that runs to a defended hearing in the High Court can take 18–36 months. Most contested probate matters settle before hearing because the costs and family impact of trial outweigh the marginal value of any improved outcome.
If you are reading this in the wake of a recent loss, our 30-minute probate and will consultation is the simplest place to start. Bring the will, the most recent medical records you have access to, and a short timeline of what happened. We will tell you within the call whether there is a credible claim or whether the matter should rest.
By Dylan Holland, Founder, OnlineLegalServices.ie / PLUSOLS LIMITED.
Reviewed by a qualified Irish solicitor regulated by the Law Society of Ireland. This article is general legal information for Irish families and is not a substitute for advice on a specific matter. Pricing on linked product pages is current at the date of publication; please refer to the linked page for the live rate.
Need help with this? Fixed-fee help from regulated Irish solicitors: Fixed-Fee Conveyancing · Talk to a Property Solicitor.
