Section 117 (Succession Act): plain-English guide for Irish probate
A statutory application a child can make to the High Court where a parent's will has failed in the moral duty to make proper provision for that child.
What it means, in plain English
Section 117 of the Succession Act 1965 allows a child of a person who died leaving a will to apply to the High Court for proper provision where the parent has, in the court's view, failed in the moral duty to make reasonable provision for that child during the parent's lifetime or in the will. Claims must be made within six months of the Grant issuing; the strict time limit is one of the most common reasons solicitors need to be engaged quickly after a death where a Section 117 claim is being considered.
Section 117 (Succession Act) in Irish probate practice
Section 117 creates a very specific right: it is not a challenge to the will's validity, but an application to the court to order a different distribution because the will failed in a moral duty. The test is not whether the child was treated equally with siblings, but whether reasonable provision was made considering the child's age, needs, means, the size of the estate, and the circumstances of the family. Courts have developed a substantial body of case law on what counts. Young children and those with special needs tend to fare well. Adult financially-independent children who had a breakdown in relations with the parent often do not. The six-month window is strict: under Section 117(6), the time runs from the Grant of Probate issuing. Missing the window generally means the claim is statute-barred, with rare exceptions. Because Section 117 is litigation rather than preparation, ProbatePack does not support Section 117 claims: if a child is considering one, they need a solicitor experienced in contentious probate, and they need to act quickly.
Worked example
Muiris is 32, has a young family, and works in a low-paid job. His mother dies leaving an estate worth €1.8 million to his sister, a successful surgeon, and leaving Muiris €25,000. The will's reasoning is that the mother gave Muiris substantial gifts years earlier. Muiris believes those gifts were modest and that his need is significantly greater than his sister's. He engages a solicitor and applies under Section 117 within the six-month window. The court hears evidence on both sides and decides whether the will's treatment of Muiris amounts to a failure of moral duty.
The statutory position
Section 117 of the Succession Act 1965 creates the child's application. Section 117(6) sets the six-month time limit from the Grant of Probate. Relevant case law includes Re GM (1970) and more recent High Court decisions further developing the test. Section 117 does not apply to intestate estates; where there is no will, the intestacy rules and Section 67 already allocate the estate by law.
Related terms in this glossary
Related reading
How ProbatePack handles Section 117 (Succession Act)
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