IrelandMy parent's will was made under duress. Can I challenge?
Yes, you can challenge a will in Ireland if it was made under duress — this is called 'undue influence', and the Succession Act 1965 allows such wills to be set aside.
What the Law Says
Under Irish law, a will made under duress — or more precisely, 'undue influence' — is not valid. The Succession Act 1965 provides the legal basis for challenging such a will.
A will must reflect the free and independent wishes of the person making it (the testator). If someone used pressure, coercion, or manipulation to override the testator’s true intentions, the will may be voidable.
Section 78 of the Succession Act 1965 states that 'a will shall not be valid if it is made by a person who is not of sound mind, or if it is made under undue influence'. This is the key statutory provision allowing challenges based on duress or coercion.
The law does not define 'undue influence' in detail, but courts have interpreted it as influence that overpowers the testator’s will — going beyond mere advice or persuasion. The burden of proof lies with the person challenging the will.
Statutory Texta will shall not be valid if it is made by a person who is not of sound mind, or if it is made under undue influence
— Succession Act 1965, s. 78 — Validity of wills
What to Do
Gather evidence showing coercion — e.g., threats, isolation, control over the testator’s daily life or medical care.
Consult a solicitor experienced in probate and contested wills as soon as possible.
File proceedings in the High Court to have the will declared invalid under s. 78 of the Succession Act 1965.
Be prepared to prove that the testator lacked free will at the time the will was signed.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.