Will & Probate

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Expert Advice on Section 117 Applications | Tralee, Co. Kerry

If you believe that your parent failed to make proper provision for you in their will, you may be entitled to bring a claim under Section 117 of the Succession Act 1965. These claims can be legally complex and are subject to strict time limits, making it important to seek legal advice as soon as possible. At Whelehan Solicitors, we provide experienced legal advice on Section 117 applications for clients throughout Tralee and County Kerry, helping you understand your rights and the legal options available.

Section 117

There are a number of factors which can be considered by the court when deciding whether the deceased failed in their moral duty to make proper provision for the child including:

The amount left to the surviving spouse or the value of the legal right if the surviving spouse elects to take this,
The number of the testator’s children, their ages and their position in life at the date of the testator’s death.
The means of the testator.
The age of the child whose case is being considered and his or her financial position and prospects in life; and
Whether the testator has already in his lifetime made proper provision for this child.

Any child seeking to make a claim under Section 117 should try as best as possible to identify what if any monies he or she received from the deceased in the past.

A section 117 application is not available to a child where the deceased died without a Will

01

Will Drafting

02

Disputed Wills

03

Administering Estates

04

Power of Attorney

05

Contesting a Parent's Will

06

Wardship Applications

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For expert legal advice and representation in any of the above areas, contact Whelehan Solicitor in Tralee. Let us help you safeguard your business interests and achieve success in your commercial endeavors.