Contesting a Will

Q: What is a Section 117 application?

A Section 117 application allows a child, including an adult child, to ask the court to rule that a parent failed in their moral duty to make proper provision for them. The court weighs up the parent's means, the child's circumstances, and what a prudent and just parent would have done. The application must be made within six months of the grant of probate, and this deadline is applied strictly.

Losing someone close to you is hard enough, and discovering that their will contains unexpected wishes can make an already painful time even more difficult. If you are worried that a will does not reflect what your loved one truly intended, or that you or someone you care about has not been properly provided for, you may have grounds to contest it. At McCarthy + Co, our experienced team will explain whether you have a valid basis to challenge a will, guide you through each step, and work to protect both your interests and your family relationships wherever possible.

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Providing Expert Guidance on Challenging a Will

Irish law places great importance on honouring the wishes set out in a valid will, so a will is not set aside lightly. There are, however, specific circumstances in which a will can be challenged, and understanding whether your situation meets one of these grounds is the essential first step.

At McCarthy + Co Solicitors LLP, our wills and probate team is led by Joseph McCarthy, who has extensive experience dealing with contentious probate matters. Joseph and his team offer clear, practical advice, helping you understand your position, weigh up your options, and resolve sensitive disputes with care.

You may be able to contest a will where one or more of the following applies:

Lack of Testamentary Capacity – The person making the will (the testator) must have had the mental capacity to understand the nature and effect of their decisions at the time the will was made. If they did not, the will may be open to challenge.
Undue Influence – Where a testator was pressured, manipulated, or coerced into making a will that does not reflect their true intentions, the will may be invalidated.
Failure to Meet Legal Formalities – Under Irish law, a valid will must be in writing, signed by the testator, and witnessed by two people who are present at the same time. If these formalities were not followed, the will may be invalid.
Fraud or Forgery – Where a will was forged, or altered without the testator’s knowledge, it can be challenged.
Failure to Provide for Dependants – Under the Succession Act 1965 and related legislation, certain family members, including a spouse, civil partner, qualified cohabitant, or child, may challenge a will if proper provision was not made for them.
Disputes Over Interpretation – Where the wording of a will is ambiguous or unclear, disagreements can arise over what the testator actually intended, and the court may be asked to interpret the will.

If you believe one or more of these grounds applies to the will of a family member who has recently passed away, you may have a legal basis to bring a challenge. Arrange a time to speak with one of our solicitors by completing our quick and confidential online form.

“I would highly recommend Joseph McCarthy and his team as I found Joseph to be very patient and professional and was never too busy to answer any queries I had. I always felt I could contact him if I had a question. A complete gentleman and again many thanks for all your help. Its greatly appreciated.”

Siobhan O Donovan

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience in contentious probate. Since joining the team in 2013, he has helped clients across Ireland resolve disputes over the validity of a will, disagreements between executors and beneficiaries, claims under the Succession Act 1965, and conflicts that arise where a person has died without a will.

A particular focus of Joseph’s practice is assisting clients with applications under section 117 of the Succession Act 1965, where a child of the deceased believes their parent failed in their moral duty to make proper provision for them. He has guided many clients through these sensitive claims, advising both those seeking to bring an application and those defending an estate against one. If you are facing a probate dispute or are considering a section 117 application and would like clear, confidential advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to estate planning.

Who can contest a will?

A will can usually be challenged by someone with a sufficient interest in the estate, such as a spouse, civil partner, child, qualified cohabitant, or a beneficiary under the current or a previous will. Whether you have standing depends on your relationship to the deceased and the grounds for your challenge, so it is worth taking legal advice early.

What does the Succession Act 1965 say about provision for family members?

The Succession Act 1965 balances a person’s freedom to leave their estate as they wish with certain protections for close family. A surviving spouse or civil partner is entitled to a legal right share, which is one-half of the estate where there are no children and one-third where there are children. A child does not have an automatic share but may apply under Section 117 if they believe a parent failed in their moral duty to provide for them.

What is a Section 117 application?

A Section 117 application allows a child, including an adult child, to ask the court to rule that a parent failed in their moral duty to make proper provision for them. The court weighs up the parent’s means, the child’s circumstances, and what a prudent and just parent would have done. The application must be made within six months of the grant of probate, and this deadline is applied strictly.

What rights do civil partners and cohabitants have?

A civil partner has broadly the same protection as a spouse, including the same legal right share. A cohabitant does not have an automatic share, but a qualified cohabitant may apply to the court for provision from a deceased partner’s estate. To qualify, you must generally have lived together for at least five years, or two years if you have a child together, and an application must be made within six months of the grant of representation.

What are the time limits for contesting a will?

Time limits are strict, so it is important to act quickly. A Section 117 claim by a child and a claim by a qualified cohabitant must each be brought within six months of the grant of probate or representation. A spouse or civil partner who needs to elect for their legal right share must do so within six months of being notified of that right, or within one year of the grant of representation, whichever is later.

Will contesting a will mean going to court?

Not always. Many disputes are resolved through negotiation or mediation, which is usually quicker, less costly, and less stressful than a court hearing. We will always try to resolve matters by agreement where possible, and we will only recommend court proceedings where they are genuinely in your best interests.