How to Contest a Will in Ireland: Grounds and Process (2026)
Not every will reflects the true wishes of the deceased — or complies with Irish law. If you believe a will is invalid, was made under undue influence, or fails to make proper provision for you, you may have grounds to challenge it. This guide explains how to contest a will in Ireland, the legal grounds available, and what the process involves.
Who Can Contest a Will?
The following people have standing to challenge a will in Ireland: a spouse or civil partner, a child of the deceased (including adult children), any person who would inherit under the intestacy rules if no will existed, and in some circumstances, a creditor of the estate.
Grounds for Contesting a Will
1. Lack of Testamentary Capacity
A will is only valid if the testator had the mental capacity to understand what they were doing — what a will is, the nature of their property, and who their natural heirs are. Medical records and witness evidence are key to establishing this ground.
2. Undue Influence
If the testator was pressured, manipulated, or coerced by another person into making or changing their will, it may be set aside. This is particularly relevant in cases involving controlling carers, family members, or others in a position of trust.
3. Failure to Meet Formalities
Under the Succession Act 1965, a valid will must be in writing, signed by the testator at the foot, and signed by two independent witnesses present at the same time. Failure to comply renders the will invalid.
4. Section 117 — Failure to Provide for a Child
Under Section 117 of the Succession Act 1965, a child can apply to court if the deceased failed to make proper provision for them. Applications must be made within 6 months of the Grant of Probate being extracted. The court has wide discretion to award a share from the estate.
5. Spouse Legal Right Share
A surviving spouse has a legal right share of either one-half (no children) or one-third (with children) of the estate. A will cannot override this right — a surviving spouse can elect to take their legal right share regardless of what the will provides.
Time Limits
Section 117 applications must be made within 6 months of the Grant of Probate. Other challenges should be brought as soon as possible — delay can prejudice your case significantly.
The Process
- Get legal advice immediately
- Gather medical records, witness statements, and other supporting evidence
- Solicitor writes to the executor putting them on notice
- Proceedings issued in the Circuit Court or High Court if not resolved
Need advice on contesting a will? Book a 30-minute consultation with one of our solicitors. Also see our Grant of Probate service, Will Drafting service, and our guide on what a Grant of Probate is.
This article is for informational purposes only and does not constitute legal advice.
