Time Limits for Contesting a Will in Ireland

If you believe you have been left out of a will — or treated unfairly by one — the law gives you a limited window to act. Missing that window can end even a strong claim before it is heard. This guide sets out the main deadlines that apply after a death, drawing directly on the Succession Act 1965 and the Statute of Limitations 1957. It sits within our wider guide to contesting a will in Ireland.

The deadlines differ depending on the kind of claim you are making. Most run from the grant of probate or administration — the court document that gives someone authority to deal with the estate — rather than from the date of death. Knowing which limit applies to you, and when that clock started, is the single most important step. This is general information about the law, not legal advice on your individual circumstances.

The main time limits at a glance

There is no single deadline for contesting a will in Ireland. Different claims carry different limits, set by different pieces of legislation. The table below summarises the four you are most likely to encounter, the section that sets each one, and when the clock starts.

Two themes run through all of these limits. First, most are measured from when the grant issues — the point at which the court formally appoints someone to administer the estate — not from the date of death. Second, the shortest of them, the section 117 limit, is the one most claimants risk missing. Six months can pass quickly while a family is still grieving and the estate is still being gathered in.

The 6-month limit for a child's section 117 claim

Section 117 of the Succession Act 1965 lets a child apply to court where a parent failed in their moral duty to make proper provision for them. Section 117(6) sets a firm deadline: the application must be made within 6 months of the grant of probate (or grant of administration) first issuing. We cover the substance of this claim in our guide to the section 117 child's claim.

The clock starts on the date the grant issues — not the date of death. A grant can take months to come through after a death, so the six months does not begin immediately. But once it starts, it runs quickly. An application filed even a day late will normally be refused.

The spouse's election period under section 115

A surviving spouse or civil partner has a legal right share in the estate, even where the will leaves them less. Under section 111 of the Succession Act 1965 (spouses) and section 111A (civil partners), that share is one-half of the estate where there are no children, and one-third where there are children. You can read more in our guide to the legal right share of a spouse or civil partner.

Where the will also leaves a gift to the spouse, section 115 requires them to elect — to choose — between taking that gift and taking the legal right share. They cannot generally take both. The person managing the estate must notify the spouse in writing of this right to choose, and that choice then has its own deadline under section 115(4).

Section 115(4) says the right to elect expires after the later of two periods: 6 months from when the spouse received the written notification, or 1 year from when the grant issued. Because the deadline is whichever of those falls later, a spouse who was never properly notified is protected by the one-year backstop running from the grant date.

The 6-year limit on a beneficiary's claim against the estate

Beyond the specific Succession Act deadlines, a general limit applies to a beneficiary's claim to a share of an estate. Section 45 of the Statute of Limitations 1957 (as substituted by section 126 of the Succession Act 1965) provides a 6-year limit. The clock runs from the date the right to receive the share or interest accrued — meaning the date it first became legally enforceable.

That date is not automatically the date of death. In an estate being properly administered, the right to claim a share typically crystallises at the point the beneficiary becomes entitled to call for it, which can be some time after the death. The exact date can matter, so check it rather than assume it.

One narrower limit also applies: the same section sets a 3-year period for recovering arrears of interest on a legacy, running from the date that interest became due. This is separate from the 6-year limit on the claim to the legacy itself.

Why acting early matters

These deadlines are strict because they have to be — estates need to be wound up, and that cannot happen while open-ended claims hang over them. But the real-world consequence for a genuine claimant is serious: wait too long, and you can lose the right to be heard entirely, no matter how strong your case is.

Acting early also gives your case the best chance of success. Valuing the estate, identifying assets, and gathering evidence of what was promised or provided during a lifetime all take time. That work becomes much harder once the estate has been distributed. The earlier you know which deadline applies, the more room you have to prepare properly. Our guide to the cost of contesting a will explains what to expect financially.

If you are not sure whether a grant has yet issued, you can check the probate register, which records grants of probate and administration. Confirming the grant date is the practical first step in working out whether a time-limited claim is still open to you.