Contesting a Will in Ireland — What You Need to Know

Challenging a will is a serious legal step. While Irish law respects the freedom of a testator to leave their estate as they wish, there are specific grounds on which a will can be contested. This guide explains when and how a will can be challenged in Cork.

Grounds for Contesting a Will in Ireland

1. Lack of Testamentary Capacity

A will is only valid if the testator had testamentary capacity at the time of signing — meaning they understood: (a) the nature of making a will; (b) the extent of their estate; (c) the people who might expect to benefit; and (d) the effect of the will.

Dementia, serious illness, or mental health conditions at the time of signing can give grounds to challenge on capacity.

2. Undue Influence

If someone pressured, coerced or manipulated the testator into making a will in their favour, the will can be contested on grounds of undue influence. This is particularly relevant where a vulnerable person was dependent on someone who benefits significantly from the will.

3. Improper Execution

Under the Succession Act 1965, a will must be signed by the testator at the end, in the presence of two witnesses who both sign in the testator's presence at the same time. Any failure in this process can invalidate the will.

4. Fraud or Forgery

A will procured by fraud or where the testator's signature is forged is void. This is a serious matter requiring legal expertise and potentially Garda involvement.

5. Section 117 Application — Moral Duty to Provide for Children

Under Section 117 of the Succession Act, a child can apply to court if they believe the deceased failed in their moral duty to make proper provision for them. The court has discretion to award provision from the estate even where the will makes none.

6. Spouse's Legal Right Share

A surviving spouse is legally entitled to at least 1/3 of the estate (if there are children) or 1/2 (if no children) — regardless of what the will says. If the will provides less, the spouse can elect to take their legal right share instead.

Frequently Asked Questions

Can you contest a will in Ireland?

Yes. A will can be contested on grounds including lack of testamentary capacity, undue influence, improper execution, fraud or Section 117 (failure to provide for a child).

How long do you have to contest a will in Ireland?

Section 117 applications (children challenging inadequate provision) must be made within 12 months of the Grant of Probate. Act promptly if you wish to challenge a will.

What is Section 117 of the Succession Act?

Section 117 allows a child to apply to court if they believe the deceased failed in their moral duty to provide for them. The court can award provision from the estate regardless of the will's terms.