Being left little or nothing in a parent's will is painful, and it often feels unfair. Irish law recognises that a parent owes a moral duty to their children, and Section 117 of the Succession Act 1965 gives a child a way to ask the court to step in. This guide explains what the claim is, who can bring it, the strict deadline, and how the court decides — in plain English. It sits within our wider pillar on contesting a will and inheritance disputes in Ireland.
A Section 117 claim is not a way to overturn a will or to claim a fixed share. It is a request to a court to decide one narrow question: did the parent fail in their moral duty to make proper provision for this child? Understanding that question — and the short window to ask it — is the most important thing if you are considering a claim.
What Section 117 actually says
Section 117(1) of the Succession Act 1965 provides that where the court is of the opinion that a testator “has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise,” the court may order that provision be made for the child out of the estate as it thinks just. Those words define the entire claim. (The Act was drafted in 1965 and uses “his” throughout — the law applies equally regardless of a parent's gender.)
Two phrases do the work. “Moral duty” means the obligation is moral, not an automatic legal entitlement — the court must be satisfied the parent fell short. “In accordance with their means” ties the duty to what the parent could actually afford: a modest estate is judged differently from a large one.
The phrase “whether by will or otherwise” matters too. The court does not look only at what the will leaves. Provision a parent made during their lifetime — paying for education, gifting money or property, or supporting a child financially — counts as provision when the court weighs whether the moral duty was met.
The six-month time limit
A Section 117 application must be made within six months of the first taking out of representation of the deceased's estate — in practice, within six months of the date the grant of probate issues. This is one of the strictest deadlines in Irish succession law. Once it passes, the right to claim is gone.
The limit was originally twelve months. It was cut to six months by the Family Law (Divorce) Act 1996, with effect from 27 February 1997, and six months has applied ever since. If you have seen older guidance that still mentions twelve months, it is out of date.
The deadline runs from the grant, not from the death. A grant can take many months to issue, so the six-month clock can start well over a year after a parent dies. The practical risk works the other way too: if you do not know a grant has issued, the window can pass before you realise it has even begun. See our guide to time limits for contesting a will in Ireland for how this compares with other claims.
One pattern comes up repeatedly in estates we coordinate: a family member realises there may be a Section 117 issue months after the death, but has no idea when the grant issued. Because the grant can take six months or more to emerge, and the six-month clock starts silently from that date, the window can close before anyone realises it has opened. Checking the register early costs nothing and protects options that might otherwise be lost.
Who can bring a Section 117 claim
Only a child of the deceased can apply. “Child” here has a specific legal meaning, and it both includes some people and excludes others that families often expect. The table below sets out who qualifies.
A son or daughter of the deceased, of any age
Yes
An adult child who was financially independent
Yes
An adopted child
Yes
A child born outside marriage
Yes
A step-child who was never legally adopted
No
A grandchild
No
A child where the parent left no will (intestacy)
No
Eligibility to bring a Section 117 claim. Section 117 applies only to estates where the deceased left a will. Source: Succession Act 1965 and Citizens Information.
| Relationship to the deceased | Can bring a Section 117 claim? |
|---|---|
| A son or daughter of the deceased, of any age | Yes |
| An adult child who was financially independent | Yes |
| An adopted child | Yes |
| A child born outside marriage | Yes |
| A step-child who was never legally adopted | No |
| A grandchild | No |
| A child where the parent left no will (intestacy) | No |
A child of any age can apply. There is no age limit and no need to have been a dependant, so an adult, financially independent child is just as entitled to ask the court to consider their case as a young child is. Adopted children and children born outside marriage have the same standing as any other child of the deceased.
Step-children who were never legally adopted, and grandchildren, cannot bring a Section 117 claim. And the claim is only available where the parent left a will. If your parent died without a will, the estate is divided under the fixed intestacy rules instead, and Section 117 has no role.
How the court decides
Section 117(2) tells the court how to approach the question. The court must consider the application “from the point of view of a prudent and just parent,” taking into account the position of each of the children, and any other circumstances that help it reach a decision as fair as possible to the applicant and to the other children.
That standard is objective. The test is not what this particular parent felt or intended, but what a careful, fair-minded parent in the same position would reasonably have done. A parent's stated reasons for leaving a child out can be relevant, but they do not settle the question.
The court weighs all the children together, not the applicant in isolation. Provision made for siblings, the needs and means of each child, and what each has already received in life all feed into a decision the court tries to make “as fair as possible” to everyone. The factors below are the ones the court typically weighs.
The means of the parent
Provision is judged against what the parent could have afforded, not against a fixed entitlement.
The position of every child
The court weighs the applicant's needs alongside those of the other children, aiming to be fair to all of them.
What a prudent and just parent would do
The standard is objective: not what this parent felt, but what a careful, fair-minded parent in their position would have done.
Provision already made in life
Gifts, education, property, or support given during the parent's lifetime count as provision — not only what the will leaves.
Factors a court considers in a Section 117 claim, drawn from Section 117(2) of the Succession Act 1965.
| What the court weighs | Why it matters |
|---|---|
| The means of the parent | Provision is judged against what the parent could have afforded, not against a fixed entitlement. |
| The position of every child | The court weighs the applicant's needs alongside those of the other children, aiming to be fair to all of them. |
| What a prudent and just parent would do | The standard is objective: not what this parent felt, but what a careful, fair-minded parent in their position would have done. |
| Provision already made in life | Gifts, education, property, or support given during the parent's lifetime count as provision — not only what the will leaves. |
How a Section 117 claim works in practice
A Section 117 claim is contentious court litigation, not a Probate Office form. It is brought in the Circuit Court or the High Court, depending on the value of the estate, and it can take time and cost money. The steps below give a plain outline of what is involved.
Bringing a Section 117 claim
A broad outline of the stages involved. Because the deadline is short and absolute, take legal advice as early as possible.
Confirm there is a will and a grant has issued
Section 117 applies only where your parent left a will. The deadline runs from the first taking out of representation — in practice, the date the grant of probate issues. You can confirm whether a grant has issued and on what date by searching the probate register. If your parent died without a will, Section 117 does not apply.
Check you are within the six-month time limit
An application must be made within six months of the first taking out of representation of the estate. This is a strict statutory deadline. Because it runs from the grant rather than the date of death, the clock can start well over a year after your parent passed away — so date the grant precisely before doing anything else.
Gather evidence of your parent's means and the provision made
A Section 117 claim turns on facts: the size of the estate, what each child received, and what was provided during your parent's lifetime. Collect records of gifts, education, property transfers, and financial support — for you and for your siblings — because the court weighs provision made in life as well as in the will.
Take legal advice and issue proceedings
A Section 117 application is contentious court litigation, brought in the Circuit Court or High Court depending on the value of the estate. It is not something the Probate Office decides. Because the deadline is short and absolute, speak to a solicitor early. For the wider picture, see our guide to contesting a will in Ireland.
Should you get professional help?
Section 117 claims are fact-sensitive and the deadline is unforgiving. If you are thinking about bringing a claim, take legal advice quickly. A solicitor can confirm the grant date, assess whether the moral-duty threshold is realistically met on your facts, and advise on the costs and risks of litigation before you commit. Knowing your rights as a beneficiary is a useful starting point.
We are a coordination service, not a law firm, and this guide is general information rather than advice on your situation. If you are weighing up a Section 117 claim, or simply want to understand where you stand, you can start with a free assessment or call us on (01) 578 1570 to talk it through. Because the six-month clock can run out quickly, it is worth getting clarity sooner rather than later.