Inheritance Rights of Children in Ireland — Section 117 and Beyond

Unlike the strong legal right share given to spouses, children in Ireland do not have an automatic guaranteed minimum inheritance. However, Irish law does protect children from being completely disregarded in a will — through the mechanism of Section 117 of the Succession Act 1965.

Do Children Have Automatic Inheritance Rights in Ireland?

No — unlike spouses, children have no automatic legal right share. A parent can legally leave a child out of their will entirely. However, the excluded child can apply to the High Court for provision from the estate under Section 117.

What Is a Section 117 Claim?

Section 117 of the Succession Act 1965 gives a child (including an adult child) the right to apply to court where the court considers that the deceased parent failed in their moral duty to make proper provision for the child in accordance with the parent's means.

The court does not simply assess what the child needs — it asks whether a prudent and just parent would have made greater provision. Courts consider all circumstances including:

• The child's financial means and needs
• The parent's financial situation
• The relationship between parent and child
• Provision already made for the child during the parent's lifetime
• The interests of other children and family members

Who Can Make a Section 117 Claim?

• Any child of the deceased (biological, adopted, or a child of the marriage)
• Adult children as well as minor children
• Children from all relationships (including extramarital)
• Note: stepchildren (not legally adopted) cannot make a Section 117 claim

Time Limit for a Section 117 Claim

A Section 117 application must be brought within 12 months of the first taking out of representation (Grant of Probate or Letters of Administration). Missing this deadline is fatal to the claim — courts have been strict about this. Act immediately if considering a Section 117 claim.

Intestacy and Children

Under intestacy rules (no will), children inherit fixed shares depending on whether the deceased had a surviving spouse:

• With surviving spouse: children share one-third of estate equally
• Without surviving spouse: children share entire estate equally

Children of a deceased child (grandchildren) take their deceased parent's share. See: Intestacy Rules Ireland.

Protecting Children in Your Cork Will

To avoid Section 117 claims and ensure your children are properly provided for:

• Make a will that considers all your children's needs
• If intentionally excluding a child, take legal advice — document your reasons
• Review your will when circumstances change
• Consider provision for minor children through a trust