What Are Children’s Inheritance Rights in Ireland?

When a parent dies, one of the most common questions among surviving family members is: what are the children entitled to? In Ireland, the answer isn’t always simple. Unlike in some countries where children automatically inherit, Irish law gives parents a lot of leeway, so long as they don’t neglect their moral duty.

At the heart of Irish succession law is the Succession Act 1965 (“the Act”). This sets out the framework for how a deceased person’s estate is managed, and how children might inherit, whether or not a will exists.

Wills vs. Intestacy

If a valid will exists, it normally controls how the estate is divided. But that doesn’t mean it’s immune from challenge. A child who believes they’ve been unfairly left out, can take legal action, particularly under Section 117 of the Act, if they think a parent has failed in their moral obligation to them.

If there is no will, the law takes over. When someone dies intestate, here’s how the estate is divided:

• If there’s a surviving spouse or civil partner but no children, they inherit the entire estate.
• If there are children but no spouse or partner, the estate is divided equally among the children.
• If there is both a spouse or civil partner and children, the spouse gets two thirds, and the children share the remaining one third.

These rules apply to biological and adopted children alike. Stepchildren, however, don’t have automatic rights unless they were legally adopted.

Adult Children and Entitlements

Irish law makes no distinction between a minor and an adult child when it comes to intestacy. Each is treated equally. But when a child challenges a will under Section 117, the court may consider specific circumstances, including the child’s financial position, their relationship with the deceased parent, and whether any lifetime gifts were made.

It’s worth noting that even if a child was left out of a will, the law doesn’t guarantee they’ll inherit. What it does offer is the right to ask the court for appropriate provision if the parent didn’t meet their moral duty. That’s a different threshold and one that depends heavily on evidence and individual context.

When a child is excluded from a will or left a derisory bequest or legacy, it doesn’t automatically mean they’ve been disinherited unfairly. But it does raise the question of whether the parent fulfilled their moral duty. That’s where Section 117 of the Succession Act 1965 comes in.

What is a Section 117 Claim?

Under Section 117, a child can apply to the court for a portion of their deceased parent’s estate if they believe that the parent failed in their moral obligation to make proper provision for them.

It’s not about what’s emotionally fair, it’s about what the court sees as legally reasonable.

The court considers several factors when deciding whether to grant such a claim:

• The size and nature of the estate
• The financial position and needs of the child
• The relationship between the child and the parent
• Any gifts or support the child received during the parent’s lifetime
• The claims of other beneficiaries, such as a surviving spouse or other children

It’s important to note that there’s no automatic formula. Each claim is assessed individually and must be brought within six months of the Grant of Probate. That makes timing and legal advice. absolutely critical.

Need to challenge a will? Get in touch here.

Legal Precedents and Key Cases

Irish case law gives us some insight into how these claims are handled. In Lynch v Burke (1995), the Supreme Court expanded the interpretation of a parent’s moral duty under Section 117, setting a benchmark for future claims. Another notable case, M.D. v D.D. (2016), dealt with a surviving spouse’s right to inherit despite assets being shifted into trusts, showing that courts look closely at both intent and substance.

In re Estate of McCarrick (2019), forensic accounting was used to uncover hidden assets—reinforcing that children can push for transparency when they suspect something’s not quite right.

Courts also rely on tools like:

• Medical records, to assess capacity;
• Handwriting experts, in cases of alleged forgery;
• Witness testimony from solicitors, carers, or family members; and
• Discovery orders, to compel the production of trust documents or financial records

If undue influence, fraud, or capacity issues are in play, these tools help build a solid foundation for contesting a will or seeking a fair share.

The Reality of Litigation

Bringing a Section 117 claim is rarely just about money. It often reflects long-standing tensions within families, disagreements over personal belongings, or confusion around previous promises. In some cases, children may feel they supported a parent for years, only to be left out entirely.

Whatever the motivation, pursuing these claims is a legal process. The emotional and financial stakes can be high, especially when the estate is large or complex. Mediation or alternative dispute resolution may offer a less adversarial path, but if agreement can’t be reached, the Circuit or High Court will step in.

Estate disputes can get complicated, fast. But much of the tension, cost, and confusion can be avoided through proper planning. Parents hold the power to structure their estate in a way that protects their intentions and reduces the likelihood that children will feel they were unfairly excluded.

Lifetime Gifts and Their Impact

When a parent gives financial support or assets to a child during their lifetime, it may affect how much that child receives from the estate later. Irish inheritance law allows courts to factor in these lifetime provisions when deciding what an appropriate share should look like.

Say one child received a house or substantial cash gifts before the parent died. The court might find that they’ve already received their fair portion, even if the will doesn’t make that explicit. That’s why well drafted wills are essential. Gifts should be recorded, and intentions made clear through legal advice and estate planning.

Trusts can also play a role, especially for children with long-term care needs or disabilities. A properly structured trust allows a parent to support one child without necessarily altering the broader inheritance structure.

Preventing Disputes Before They Start

There’s no one-size-fits-all approach to inheritance. Some families include children from a previous marriage, an ex spouse, or even undisclosed relatives who may try to claim a share of the deceased’s estate. These situations call for careful planning.

A legally valid will, backed by independent legal advice, is the first step. But beyond that, clarity matters. Parents should explain their decisions, ideally in writing, and revisit their estate plans after key life events like a civil partnership, birth of a new child, judicial separation, or death of a spouse.

If a parent wants to leave a specific gift to one child or divide the estate unequally, they should document why. Courts give weight to written reasoning, especially when deciding if the parent met their moral duty.

And don’t forget capital acquisitions tax. While children benefit from higher thresholds than other relatives, it’s still a consideration in large estates. Tax planning should work hand-in-hand with inheritance planning.

What Children and Families Should Do

If a child believes they’ve been denied their fair share, or that the estate has been manipulated through trusts or hidden assets, it’s important to seek legal advice early. Waiting too long may mean missing the six-month window to bring a claim under Section 117.

If disputes arise, a solicitor can help with mediation, claims for adequate provision, or even challenging the personal representative managing the estate. And in extreme cases, such as when the deceased person was convicted of harming a family member, there may be grounds to challenge the inheritance entirely. These are rare, but Irish law allows for such outcomes under special circumstances.

Irish inheritance laws give families flexibility, but that freedom comes with responsibility. Clear documents, honest communication, and a well-crafted estate plan can prevent disputes, protect relationships, and ensure that each child receives an appropriate share.