How To Contest A Will In Ireland (2025 Guide)

You aren't alone in having concerns about the estate of a family member after they have passed. A spouse feeling cut out. A child left questioning a parent's intentions. Or a signature that just doesn't look right. Contesting a will in Ireland isn't something anyone takes lightly, but if you believe something's amiss, knowing your rights and the legal tools available is vital.

Here's what you need to know if you're considering a legal challenge over a deceased person's estate.

Who Can Contest a Will in Ireland?

If you're thinking about how to contest a will in Ireland, the first thing to consider is whether you have standing. The law limits who can bring a challenge. Generally, it is:

• A surviving spouse or civil partner;
• A child (including non-marital children);
• A former spouse or civil partner with unresolved rights;
• Someone financially dependent on the deceased; and
• Any person who suffers financial loss because of the will's terms

It is worth noting that strict time limits apply. For example, under the Succession Act 1965, a child bringing a Section 117 claim has six months from the grant of probate to act. Spouses claiming their legal right share or challenging trust arrangements should also act promptly.

Main Grounds for Contesting a Will

Undue Influence

One of the most common reasons people contest a will is concern over undue influence. Maybe a new partner or a carer pressured the deceased to change their will. The courts will look for evidence that the person didn't act of their own free will. It can be subtle, persistent persuasion, isolation, or emotional pressure. Proving it can be challenging, which is why legal advice and good evidence are key.

Lack of Testamentary Capacity

If the person making the will (the testator) lacked mental capacity at the time, for example, because of dementia or other mental illness, the will can be challenged. The legal test looks at whether the testator understood the nature of making a will, the extent of their estate, and the claims they ought to consider. Medical records and witness statements, especially from solicitors who took instructions, are vital here.

Fraud or Forgery

It does happen. Sometimes a will is forged, fake signatures, fabricated documents, or even completely fake wills. Or there could be fraud, where someone lies to the testator to get a bigger share. Handwriting experts, forensic analysis, and discovery of earlier wills can all help expose these issues.

Failure to Comply with Formalities

Under Section 78 of the Succession Act 1965, a valid will must be in writing, signed by the testator (or someone authorised), and witnessed by two people present at the same time. Improper execution, like missing witnesses or unsigned pages, can render a will invalid. Sometimes it's as simple as a technical slip; other times, it signals something more concerning.

Disputes Over Trust Structures

Trusts can complicate matters, particularly where assets have been moved to trusts to avoid claims by spouses or children. Common issues include:

• Breach of fiduciary duty – trustees misusing or diverting trust assets.
• Sham trusts – set up not for genuine estate planning, but to defeat legal claims.
• Misconduct or conflicts of interest – where trustees act improperly or favour certain beneficiaries.

Legal tools often include forensic accounting (to trace funds), trust deed analysis (to check terms and legality), and discovery orders (to force disclosure of trust-related documents) and financial information.

Spousal Legal Right Shares

The Succession Act 1965 guarantees a surviving spouse (or civil partner) a legal share of the estate, no matter what the will says:

• One-half of the estate if there are no children.
• One-third of the estate if there are children.

Disputes can arise if the will tries to disinherit the spouse or if assets were transferred into trusts or given away to avoid these legal rights. Where that happens, challenges may involve unravelling prior arrangements or proving that asset transfers were not executed in a bona fide manner.

Children's Rights and Section 117 Claims

Children have the right to seek provision under Section 117 of the Succession Act 1964 if the deceased failed in their moral duty to make proper provision. The court considers:

• The child's financial position and dependence.
• The size of the estate.
• The testator's intentions and earlier provisions (including prior agreements or gifts).

These claims can be complex. Asset valuations, affidavits of means, and discovery of hidden assets (including offshore accounts) often form part of the process.

Former Spouses and Non-Marital Children

Former spouses may still have rights if their divorce or civil partnership dissolution didn't fully resolve succession claims. Similarly, non-marital children or children from prior relationships may have valid claims, especially if they were unacknowledged during the deceased's lifetime. Legal challenges might involve:

• Probate disputes over executor appointments.
• Section 117 claims for proper provision.
• DNA testing to confirm paternity.
• Genealogical investigations to locate and verify heirs.
• Subpoenas for marriage or divorce records to clarify relationships.

Executor and Administrator Disputes

The personal representative (executor or administrator) has a duty to manage the estate properly. But issues can arise:

• Selling assets below value or to a certain beneficiary unfairly.
• Delaying distribution of the estate.
• Acting in a way that isn't in the estate's or beneficiaries' best interests.

If misconduct is suspected, the court can remove the executor under Section 26(1) of the Succession Act 1965. Discovery of estate accounts can help prove financial mismanagement.

How Forensic and Valuation Services Support Legal Claims

Forensic Accounting

Forensic accountants trace hidden or misused assets, undeclared bank accounts, offshore trusts, improper transfers before death. This is especially relevant in proprietary estoppel claims (where someone goes back on a promise or representation if another person has relied on that promise to their detriment) or where someone tries to defeat a legal right share or takes a Section 117 claim.

Asset Valuations

Property, businesses, family farms, and trust funds all need accurate valuation. Disputes often arise over undervaluing assets to reduce a spouse's or child's claim.

Digital Forensics

These days, deleted emails, texts, social media messages, or even digital wills might hold key evidence. Digital forensics can help prove undue influence, verify relationships, or test the validity of an e-signature.

Key Legal Tools and Evidence

When contesting a will, gathering and preserving the right evidence is crucial:

• Medical records – to show mental capacity or incapacity.
• Handwriting experts – for signature verification in forgery claims.
• Witness statements – from solicitors, friends, or family.
• Trust deed analysis – to check the legitimacy of trusts.
• Discovery orders – to compel disclosure of documents.
• DNA testing and genealogical reports – to confirm heirs.

Legal Tips for Contesting a Will

• Act quickly – strict time limits apply. For example, Section 117 claims must be brought within six months of the grant of probate.
• Preserve evidence – secure medical records, trust deeds, correspondence, and earlier wills.
• Get advice early – experienced solicitors and specialists (forensic accountants, handwriting experts) can guide you and potentially reduce legal fees.
• Be prepared for complexity – family relationships, prior arrangements, and hidden assets can all affect the outcome.

Contesting a Will – a Summary

Sometimes, contesting a will comes down to something simple. Maybe you know, deep down, that proper financial provision wasn't made. Maybe the will just doesn't sit right, because promises weren't kept, or prior agreements were quietly ignored. It happens more often than you would think. If that is the case, the law gives you a chance to put things right, but only if you act in time.

The first thing? Look at the legal grounds. Was the person making the will, (the testator), of sound mind? Were two independent witnesses actually there at the signing, or was that part of the process fudged? Were earlier promises or previous arrangements, maybe about a family farm, or helping a dependent child, swept aside without proper thought? These are common grounds for contesting a will, and the courts will take them seriously.

It's not just about what is on paper. The High Court can look behind the scenes. Did the deceased fail in his or her moral duty to make such provision, as was fair? Were steps taken before the date of death to move assets around and block someone's rights? Were those moves legally binding, or just attempts to dodge claims? The probate office records, marriage or divorce papers, asset registers, all of it can help paint the full picture. And don't underestimate the value of independent witnesses. When there's a dispute about what happened, those two witnesses, or better yet, two independent witnesses, can make all the difference.

If you're worried about your position, or that of other children, a civil partner, or dependent children, the key is to act quickly. The election period for some claims is short, and once that window closes, your right to inherit assets or challenge the will could be gone. Good legal representation can help you cut through the stress. They'll help you gather evidence, assess whether prior agreements were honoured, and make sure your claim is built on solid ground.

If you believe you have been left out unfairly, or that the deceased's estate isn't being divided as it should, you don't have to stay silent. There are ways to challenge a will and protect what' potentially is rightfully yours.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.