Can you contest a will in Ireland?
Yes — in certain circumstances a will can be challenged or a claim made against an estate. Here are the main grounds and the strict time limits that apply.
Contesting a will is not simply about being unhappy with it. There must be a recognised legal ground, and claims are subject to tight deadlines.
Common grounds to challenge a will's validity
- Lack of testamentary capacity — the person didn't understand what they were doing when making the will;
- Undue influence or duress — the will was made under pressure;
- Improper execution — the witnessing formalities under the Succession Act 1965 weren't met;
- Fraud or forgery, or a lack of knowledge and approval of the contents.
Claims against the estate (even if the will is valid)
- Spouse/civil partner — legal right share: a spouse is entitled to one-half (no children) or one-third (with children) of the estate, regardless of the will.
- Children — Section 117: a child can apply to court arguing the deceased failed in their "moral duty" to make proper provision for them. Strict time limits apply.
Watch the clock. Section 117 claims and legal right share issues carry short statutory time limits (commonly six months from the grant in some cases). Get legal advice immediately if you think you have a claim.
Get advice early
These disputes are fact-specific and time-sensitive. Get matched with a solicitor who handles succession disputes in your county as soon as possible.
FAQs
Can a disinherited child contest a will?
A child can bring a Section 117 application arguing the parent failed in their moral duty to provide for them. The court weighs the specific circumstances. Time limits are strict.
Can a spouse be left out of a will?
No. A spouse or civil partner has a legal right share — one-half if there are no children, one-third if there are — which overrides the terms of the will.