A will can be challenged in Ireland on specific legal grounds. Not every unfair outcome can be contested — but lack of capacity, undue influence, improper execution, and inadequate provision for certain family members are all recognised bases for challenge.
Under Irish law, a will can be challenged on the following grounds:
1. Lack of testamentary capacity. The testator did not understand what they were doing when the will was made — due to dementia, serious illness, or other mental incapacity.
2. Undue influence. Someone pressured or manipulated the testator into making the will as they did, overriding their free will.
3. Invalid execution. The will was not properly signed and witnessed in accordance with the Succession Act.
4. Section 117 application — inadequate provision for a child. A child of the deceased can apply to court if the testator failed in their moral duty to make proper provision for them. This is the most commonly used ground and is a standalone right independent of whether the will itself is valid.
A Section 117 application must be brought within 6 months of the grant of probate or letters of administration. Missing this deadline generally means losing your right to bring the claim, regardless of its merits. If you believe a will has failed to make proper provision for you, contact a solicitor as soon as possible after the death.
David's father had been diagnosed with early-stage dementia two years before his death. In the final year of his life, he had formed a close relationship with a home carer. Six months before he died, he made a new will leaving his entire estate — including the family home — to her. His three adult children were left nothing.
David had not known about the will until after the funeral. The home carer had been present when the will was made and had driven the deceased to the solicitor's office.
David's solicitor obtained the medical records from the period when the will was made. A consultant geriatrician reviewed the records and provided an opinion that the testator's capacity to understand the nature and extent of his estate, and the implications of his dispositions, was severely compromised at the relevant time.
The case was settled before trial. The estate was redistributed to provide substantially for the three children, with a lesser amount to the home carer.
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