Section 117 Applications

At McCarthy + Co, we provide clear, compassionate guidance for children who believe a parent failed to make proper provision for them in their will. Whether you’ve been left out entirely or feel you’ve been treated unfairly, our experienced team can advise you on your rights under Section 117 of the Succession Act 1965.

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Solicitor working on a section 117 application

Understanding Section 117 Claims and How They Work

If you are a child who has been left out of a parent’s will, or received what you believe to be an unfair share, you may be entitled to apply to the court for further provision under Section 117 of the Succession Act 1965. This section of the law recognises that, in certain circumstances, a parent has a moral duty to provide for their child, and that a will (or the rules of intestacy) may not reflect that duty fairly.

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 understand how difficult these claims can be, and they offer honest, compassionate advice to help you decide whether an application is right for you.

The court will consider a range of factors to determine whether a parent failed in their duty, including:

The child’s current financial needs and personal circumstances – such as health, earning capacity, and dependents.
The size and nature of the estate – and whether it was sufficient to make reasonable provision.
Any benefits or support previously given to the child – including gifts, property, or financial help.
The conduct and needs of other beneficiaries – and whether the deceased had obligations toward others.
Any special circumstances – such as estrangement, blended families, or informal care arrangements.

A Section 117 application must be brought within six months of the grant of probate, and this time limit is strictly enforced. If you think you may have grounds for a claim, it is essential to seek legal advice as early as possible. Our team will guide you through the process with care and clarity, helping you assess your position and take appropriate steps.

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Arrange a consultation with a solicitor by completing our quick and confidential 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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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP with extensive experience in contentious probate, including Section 117 applications under the Succession Act 1965. Since joining the team in 2013, he has helped clients across Ireland bring and defend claims by children who feel a parent failed to make proper provision for them, as well as resolve disputes over the validity of a will, disagreements between executors and beneficiaries, and conflicts that arise where a person has died without a will.

Alongside probate disputes, Joseph also assists clients with will drafting, estate administration, and Enduring Powers of Attorney, giving him a thorough understanding of how estates should be managed and where disputes are most likely to arise. Before turning to law, he gained a degree in applied psychology and worked in that field in the United States, experience that informs the sensitivity and judgement he brings to every case. If you are considering a Section 117 application or facing another probate dispute 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 section 117 applications.

Who can bring a Section 117 claim?

Only a child of the person who made the will can bring a Section 117 claim. This includes adult children, regardless of age, marital status, or whether they were financially dependent on the parent, as well as adopted and non-marital children. Stepchildren who were not legally adopted, and grandchildren, cannot apply. Whether a claim succeeds depends on the particular facts of the case.

What do I need to prove?

You must satisfy the court that your parent failed in their moral duty to make proper provision for you in accordance with their means. The court considers the situation as a prudent and just parent would, judged as at the date of death. This is a discretionary remedy, so the outcome turns on the circumstances of your family and the estate rather than on any fixed entitlement.

Can I make a claim if my parent died without a will?

No. Section 117 applies only where a parent left a will. If your parent died without a valid will, their estate is divided according to the rules of intestacy under the Succession Act 1965, which sets out fixed shares for a surviving spouse, civil partner, and children. We can advise you on what you may be entitled to in that situation.

What is the time limit for making a claim?

A Section 117 application must be brought within six months of the grant of probate, and this deadline is strictly enforced. Unusually, it cannot be extended, even for a child who is under 18 or who was unaware of their right to claim. Because a great deal of preparation is needed before an application is lodged, it is essential to take legal advice promptly.

What does the application process involve?

The process begins with legal advice to assess whether you have grounds for a claim. Your solicitor will gather the will, details of the estate, and evidence of your circumstances, then lodge a formal application and notify the executor and any affected parties. Many cases are resolved through negotiation or mediation, but where no agreement is reached, the matter is decided by a judge in the Circuit Court or the High Court.

What happens if a claim is successful?

The court may award you a share of the estate, or increase a share already left to you, in whatever amount it considers just. An order under Section 117 cannot reduce the legal right share of a surviving spouse or civil partner. Once made, the order is binding, and the executor or administrator must put it into effect when finalising the estate.

How does a solicitor help?

A solicitor assesses the strength of your case, explains your rights, and guides you through each stage. They gather and present the evidence, prepare and file the court application, correspond with the executor and other parties, and represent you in any negotiation or hearing. Careful handling helps ensure the strict deadline is met and your case is put forward in the strongest possible way.