Section 117 Applications - Where a parent has failed to provide for a child in their Will

The area of probate litigation is an expanding one.

In particular, McGrathMcGrane LLP, is dealing with increasing queries relating to Section 117 of the Succession Act 1965.

This section of the Succession Act provides that if the child of a deceased parent feels that they have not been properly provided for in the will of that deceased parent, they have a right to challenge the content of their deceased parent’s will.

The court in such an application, will look at the merits of each individual case brought before it, having regard to a number of factors, including the extent of the estate.

Section 117 provides that where the court is of the opinion that the testator or testatrix has failed in their moral duty to make proper provision for the child in accordance with their means whether by will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just. The court considers the application from the point of view of a “prudent and just parent”.

If you have any questions in relation to probate or probate litigation please feel free to contact us at

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McGrath Mullan Solicitors

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