IrelandI want to disinherit my child. Can I do this?
You cannot fully disinherit a child in Ireland — the Succession Act 1965 gives children a legal right to challenge a will that fails to make 'proper provision' for them.
What the Law Says
Under Irish law, a parent cannot simply exclude a child from their will without potential legal consequences. The Succession Act 1965 gives children a statutory right to seek redress if they believe the will does not make proper provision for them.
Section 117 of the Succession Act 1965 allows a child of a deceased person to apply to the Circuit Court or High Court for an order that 'proper provision' be made for them out of the deceased's estate.
The court must consider whether the testator (the person who made the will) failed in their moral duty to make proper provision for the child, based on factors like the child’s age, financial needs, relationship with the parent, and the size of the estate.
This right applies regardless of whether the child is adult or minor, and even if the will explicitly states the child is disinherited.
Statutory TextIf a testator dies domiciled in Ireland leaving a spouse or child, the court may, on application made within six months after the grant of representation to the estate of the testator, order that such provision as it thinks proper shall be made out of the estate for the spouse or child.
— Succession Act 1965, s. 117 — Application to court by spouse or child
What to Do
Review your will with a solicitor to understand the risks of excluding a child.
Consider making at least some provision for the child — even a small, symbolic amount — to reduce the likelihood of a successful s. 117 application.
Document your reasons for limited or no provision (e.g., prior financial support, estrangement), as courts may consider these when assessing 'moral duty'.
Ensure any application under s. 117 is made within 6 months of the grant of representation — this deadline is strict.
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.