Why Your Section 117 Claim Might Fail – And What Needs to Change
When it comes to inheritance disputes, few issues cause more heartache than a child feeling left out — or unfairly treated — in a parent’s will. Section 117 of the Succession Act 1965 gives children a chance to challenge a will if they believe their parent failed in their moral duty to provide for them. But despite this, many claims never make it past the starting line. Why?
Two key problems are stopping people from even getting their foot in the legal door.
1. The Six-Month Rule – A Ticking Clock That Waits for No One
Let’s say you want to bring a Section 117 claim. You’ve only got six months from the date the Grant of Probate issues. Not from the date of death. Not from the date you find out what’s in the will. From the probate grant. And here’s the kicker — that deadline cannot be extended, no matter how valid or urgent your reason.
Back in 2017, the Law Reform Commission looked into whether the courts should have the power to extend this period in special cases. They decided against it, saying it might delay the administration of estates. But they didn’t explore a more straightforward option: simply giving people more time — say, 12 months instead of six.
Why does this matter? Because families don’t operate like clockwork. Grief, confusion, or just not knowing your rights can mean you miss your chance before you even know there was a chance.
2. No Will? No Claim
Here’s another problem: If a parent dies without a will, you can’t bring a Section 117 claim at all. The law only allows these claims when a will exists. So, if the estate is divided according to the standard rules of intestacy, and you believe the division is unfair — tough luck.
This can feel particularly unjust in situations where one child has given up their own life to care for an elderly parent, run the family farm or manage a small business, while the other siblings live elsewhere and make no such contributions. When there’s no will, everyone gets the same share — regardless of effort, sacrifice, or need.
The Law Reform Commission has already said it would make sense to extend Section 117 to apply even when there’s no will. And frankly, it’s hard to argue with that.
What Needs to Change
Section 117 was created to protect children — to make sure parents, even in death, fulfilled a moral responsibility. But the way the law is written today, it can actually prevent justice from being done.
What would make the system fairer?
- Giving the courts the power to extend the six-month time limit in certain situations.
- Allowing children to bring a claim even if there’s no will — when fairness clearly calls for it.
Thinking About a Claim? Don’t Delay
If you believe you may have grounds to bring a claim under Section 117, time is not on your side. Even with the current flaws in the system, it’s vital to act fast and get solid legal advice.
Our team is here to listen, advise, and help you navigate this sensitive process with clarity and care.
📞 Contact us today if you’re worried about your inheritance rights — or just want to know where you stand.