Challenging A Parents Will – What Is A Section 117 Application?
At Hanahoe and Hanahoe Solicitors LLP we have extensive experience acting for both the plaintiff and the defendant in cases contesting a parents Will. Such cases our brought under Section 117 of the 1965 Succession Act. But what are Section 117 Applications? A Section 117 Application, is an application brought before the Court by or on behalf of a child challenging the provisions made for them in their parents Will. The person bringing the application has to prove to the Court that the testator/parent “failed in their moral duty to make proper provision for the child in accordance with their means, whether by his will or otherwise.” If they Court accepts that proper provision has not been made, the Court can Order that such provision is made from the deceased Estate as they think is just.
When considering a Section 117 application, the Court must look at it from the “point of view of a prudent and just parent”. The Court must take into account the position that each of the testator’s (parent’s) children find themselves in and do what is fair and just not only to the child bring the application, but to the other children of the testator.
It is important to note that a Section 117 application must be made within six months of first taking a grant of representation, e.g. Grant of Probate, in the deceased’s estate. There is however no obligation on an executor to an estate to notify the children of their right to bring a Section 117 claim.
For further information please do not hesitate to contact Hanahoe and Hanahoe solicitors at our Naas Office on 045 897784 or at our Dublin office at 015255637 or by email at info@hanahoeandhanahoe.com or on Facebook
This article is merely for information purposes and is not and should not be taken as legal advice. If you have any queries in relation to this or any other aspect of contesting a Will or Probate, you should contact us. No solicitor/client relationship or duty of care or liability of any nature exists between Hanahoe and Hanahoe solicitors and you, until you receive written confirmation that we are acting as solicitors on your behalf.
*In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
