Fionn's Story

How a Section 117 application restored provision for an excluded adult child

Fionn grew up in Galway with a close bond to his mother. They spoke most days, shared meals together, and remained deeply connected into his adulthood. His mother valued his presence and relied on him for both practical and emotional support. Yet when she died, her will made no provision for him whatsoever. His younger sister received the entire estate. Fionn was shocked and hurt. He knew his mother had never intended this outcome — something must have gone wrong.

Fionn spoke to a solicitor about his options. He learned that Irish law recognises a parent's moral duty to provide for their adult children, even after death. Under Section 117 of the Succession Act 1965, an adult child who has been entirely left out of a will can apply to the court if they can show the parent had a moral duty to make provision for them. This wasn't about claiming a share automatically — it was about asking the court to look at the facts and decide what was fair.

Fionn brought his Section 117 application. He explained his lifelong relationship with his mother, how she had depended on him, and why he believed she never intended to exclude him. He gathered evidence of their close bond and showed the court the circumstances of his life. The court agreed. The judge found that his mother did have a moral duty to provide for him, and that duty had not been fulfilled by the will. The court then ordered that reasonable provision be made for Fionn from the estate.

This wasn't a complete reversal of the will — it was a court decision that recognised both the law's understanding of family duty and the reality of Fionn's relationship with his mother. He received provision that reflected his position as a devoted son who had been unfairly excluded.

What the Law Says

Section 117 of the Succession Act 1965 allows an adult child to apply to court if they have been left out of a parent's will entirely (or left with only a token amount). The court can order that reasonable provision be made if it finds the parent had a moral duty to provide for that child, and that duty was not fulfilled. The court looks at the whole picture: the relationship between parent and child, whether the child was dependent or had a claim on the parent's affection and support, and the circumstances of both their lives. The court then decides what is fair.

⏰ Time Limit for Section 117 Applications

You must bring a Section 117 application within six months from the date the grant of probate is issued. This is a strict deadline. If you miss it, you generally cannot bring the application at all, unless the court grants permission for a late application (which is rare and difficult to obtain). If you have been excluded from a will or given only a small amount, contact a solicitor as soon as possible — do not wait.

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