IrelandMy sibling is contesting the will. What is the process?
In Ireland, a sibling contesting a will must file legal proceedings in the High Court within six months of the grant of probate, under section 78 of the Succession Act 1965.
What the Law Says
The Succession Act 1965 sets out the legal framework for challenging a will in Ireland. Section 78 is the key provision allowing certain people — including siblings — to dispute the validity of a will on specific grounds.
Only certain people can challenge a will — typically those who would inherit under the rules of intestacy (e.g., spouses, children, or sometimes siblings) or those named in an earlier will. A sibling may have standing if they are a child of the deceased or if they were financially dependent on them.
Section 78 allows a person to apply to the High Court to have a will declared invalid — for example, due to lack of mental capacity, undue influence, fraud, or failure to meet formal signing requirements.
The application must be made within six months from the date probate is granted. This deadline is strict — missing it usually means losing the right to challenge, unless the court grants exceptional leave.
Statutory Text—
— Succession Act 1965, s. 78 — Challenge to validity of will
What to Do
Confirm whether you have legal standing to challenge (e.g., as a child, spouse, or dependent sibling)
Obtain a copy of the grant of probate and note its date
Instruct a solicitor to issue proceedings in the High Court before the 6-month deadline
Gather evidence supporting your claim (e.g., medical records, witness statements, prior wills)
Attend court hearings and respond to the executor’s defence
Sources
Not 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.