Section 117 Applications in Ireland — A Child's Right to Provision

Section 117 of the Succession Act 1965 is one of the most significant provisions in Irish inheritance law. It allows a child to apply to court if they believe their deceased parent failed in their moral duty to make proper provision for them.

What is Section 117?

Where a parent dies having failed to provide for a child in a will (or adequately provided for them), the child can apply to the High Court or Circuit Court for an order granting them provision from the estate.

What Must a Child Prove?

The court asks: Did the testator (the deceased parent) fail in their moral duty to make proper provision for the child, having regard to the testator's means? If yes, the court can order provision — in the form of a lump sum, property transfer, or life interest.

Factors the Court Considers

• The financial situation and needs of the child
• The nature of the child's relationship with the deceased
• Provision already made for the child during the deceased's lifetime
• The size of the estate
• The needs of other beneficiaries (including a surviving spouse)
• The child's own conduct and behaviour toward the deceased

Frequently Asked Questions

What is a Section 117 application in Ireland?

A Section 117 application allows a child to apply to court where they believe their deceased parent failed in their moral duty to make proper provision for them in a will.

What is the time limit for a Section 117 application?

12 months from the extraction of the Grant of Probate or Letters of Administration. This deadline is strictly enforced — contact a solicitor immediately if you are considering this application.

Who can make a Section 117 application?

Any child of the deceased — including adult children. The child must show that the parent failed in their moral duty to provide properly for them.