Section 117 claim deadline calculator
Section 117 of the Succession Act 1965 allows a child of the deceased to apply to the High Court for proper provision where the will failed in the parent's moral duty to the child. The claim must be made within six months of the Grant of Probate issuing; missing the window is generally fatal to the claim. This calculator shows your deadline and days remaining.
How a Section 117 claim works
Section 117 of the Succession Act 1965 gives a child of the deceased a statutory right to apply to the High Court where the will has failed in the parent's moral duty to make proper provision for the child. The test is not equality with siblings; it is whether the will made reasonable provision in light of the child's age, needs, means, and the size and circumstances of the estate.
The court weighs factors including:
- The child's own means, health, and financial circumstances
- The size of the estate and what other beneficiaries received
- Any lifetime gifts already made to the child
- The relationship between parent and child and its history
- The reasons (if any) expressed by the parent in the will for the treatment
- Whether there are other people with claims, such as the surviving spouse
Courts have developed a substantial body of case law on Section 117 since 1965. Young children and those with special needs tend to succeed more often. Adult financially-independent children who had a breakdown in relations with the parent often do not.
The six-month rule
Under Section 117(6), a claim must be brought within six months of the Grant of Probate issuing. The time limit is strict. Missing the deadline generally means the claim is statute-barred, with only very limited exceptions where the court may allow a late application in exceptional circumstances (these are rare).
The six months runs from the Grant date, not the date of death. Where there is a dispute about probate and the Grant is delayed, the deadline may be later in real time than expected.
This is litigation
A Section 117 claim is contentious probate: it is a High Court application against the executors, with the beneficiaries of the will as respondents. It is not preparation work, and ProbatePack does not support Section 117 claims. If you are considering one, you need a solicitor experienced in contentious probate, and you need to act quickly because preparing the claim itself takes time.
If your concern is not the will's distribution but the Revenue position on the estate, or whether probate is even necessary, see the Readiness Check (€79) which diagnoses these procedural questions.
This calculator is a preparation tool using Irish tax rates and rules for 2026. It is not legal or tax advice. For complex estates, consult a solicitor or tax adviser. All values are estimates based on the information you provide.