Disinheritance Law

Q: Can someone be excluded from inheriting because of their conduct?

Yes. Under section 120 of the Succession Act 1965, a person who has been guilty of the murder, attempted murder, or manslaughter of the deceased cannot take any share of the estate and cannot bring a section 117 claim. The section also excludes a spouse or civil partner who deserted the deceased for at least two years before death, and a person convicted of an offence against the deceased, their spouse or civil partner, or their child, that carried a possible sentence of two years' imprisonment or more.

Discovering that you have been left out of a will, or left far less than you expected, can be deeply upsetting, and it often raises difficult questions about where you stand. The reassuring news is that, in Ireland, the freedom to leave an estate as a person wishes is not unlimited. The law gives important protections to spouses, civil partners, and children, which means that being left out of a will does not always mean being left with nothing.

At McCarthy + Co, we help people across Ireland understand and assert these rights with empathy, discretion, and clear practical advice. We will explain whether you have a claim, set out your options, and guide you through each step.

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A concerned couple in a meeting, discussing inheritance

Helping You to Challenge a Disinheritance

Irish law tries to balance two things: a person’s freedom to decide who benefits under their will, and the protection of close family members who might otherwise be left without provision. As a result, certain people have rights that can take priority over the wording of a will, or that allow them to apply to court for a share of an estate.

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 will look closely at your circumstances, explain your rights in plain terms, and help you decide on the best way forward.

Depending on your relationship to the person who died, we can help with:

Eligibility checks – We review your relationship to the deceased and advise on legal right shares for spouses and civil partners.
Section 117 child claims – We assess the prospects of a Section 117 claim, gather the evidence, and issue proceedings within the strict six-month time limit.
Cohabitant applications – We act for qualified cohabitants seeking provision from a deceased partner’s estate.
Enforcing statutory entitlements – We ensure executors recognise and satisfy legal right shares before other bequests.
Validity and undue influence – We advise on challenges where a will may be invalid due to lack of capacity, improper execution, or undue influence.
Negotiation and dispute resolution – We pursue practical settlements and represent you in court where required.
Disqualification issues – We advise on how section 120 of the Succession Act 1965 can prevent a person from inheriting.

Whether you have just learned that you were left out of a will or are simply unsure of your options, we can give you clear and practical advice about where you stand. To arrange a confidential consultation, complete our quick online form.

“From the very first contact we made with McCarthy + Co. Solicitors, the reception staff displayed consistent professionalism and respect. Joseph agreed to represent us in a case that was far from straightforward. From the outset, to say the least he was extremely professional, efficient, approachable and direct – which we very much appreciated. He responded efficiently to all phone calls and emails and was empathetic and supported us all the way through what was an extremely challenging time, to ultimately achieve a positive outcome.”

Mags Galvin

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1800 390 555

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience advising clients in inheritance and probate disputes, including claims involving disinheritance and inadequate provision from an estate. Since joining the firm in 2013, he has helped clients throughout Ireland and internationally resolve a wide range of contentious estate matters, including challenges to the validity of wills, claims under the Succession Act 1965, disputes between beneficiaries and executors, and cases where family members believe they have been unfairly excluded from a will.

Joseph’s experience extends beyond dispute resolution to will drafting, estate administration, and Enduring Powers of Attorney. This broader understanding of succession planning and estate administration provides valuable insight into how disputes arise and the most effective ways to resolve them. If you are concerned about being disinherited or believe that you have not been adequately provided for under a will, Joseph can provide clear, confidential legal advice on your options. You can contact him directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to inheritance disputes.

I have been left out of a will. Do I have any rights in Ireland?

Yes, very possibly. A surviving spouse or civil partner is entitled to a fixed legal right share of the estate, regardless of what the will says: one-half where there are no children, and one-third where there are children. Children do not have an automatic share, but may apply to the court for proper provision under section 117 of the Succession Act 1965. A qualified cohabitant may also apply for provision from a deceased partner’s estate under section 194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

How long do I have to take action?

Strict time limits apply, so early advice is essential. A child’s application under section 117, and a qualified cohabitant’s application under section 194, must each be made within six months of the first grant of representation. A spouse or civil partner must exercise the legal right share within six months of being notified by the executor, or within twelve months of the grant of representation, whichever is later.

Can I challenge the will itself?

Yes. A will can be set aside where the person who made it lacked the mental capacity to do so, where it was not signed and witnessed correctly, or where it was the product of undue influence. The Succession Act 1965 requires that the person making the will be at least 18, or married, and of sound disposing mind, and that the will be in writing, signed, and properly witnessed. We can advise on whether any of these grounds apply in your case.

Can a spouse or civil partner be completely disinherited?

Generally, no. The legal right share means a surviving spouse or civil partner is entitled to a set portion of the estate, whatever the will says. There are limited exceptions. The right can be given up voluntarily through a valid renunciation, and it can be lost in certain circumstances, for example, following a divorce or the dissolution of a civil partnership, or where the survivor deserted the deceased for two years or more before death.

Can someone be excluded from inheriting because of their conduct?

Yes. Under section 120 of the Succession Act 1965, a person who has been guilty of the murder, attempted murder, or manslaughter of the deceased cannot take any share of the estate and cannot bring a section 117 claim. The section also excludes a spouse or civil partner who deserted the deceased for at least two years before death, and a person convicted of an offence against the deceased, their spouse or civil partner, or their child, that carried a possible sentence of two years’ imprisonment or more.