The most common self-disqualification in Irish inheritance law: “I’m an adult with my own life — surely I can’t claim.” Wrong on the law and often wrong on the merits: section 117 has no age limit, adult children bring and win these claims regularly — and the six-month clock runs while people talk themselves out of checking.
What the Age Actually Changes
Not standing — “child” means child, at any age — but the shape of the merits: the prudent-and-just-parent test (the full framework) weighs an adult’s circumstances differently. Comfortable independence weakens the claim built purely on disappointment; the strong adult claims share recognisable patterns: need the parent knew of (health, capacity, vulnerability); the caring years — the child who carried the decline while others’ lives continued; the building contribution — the estate your work created; lifetime disparity — the educations, sites and deposits siblings received counting as provision made to them and not you; and promises relied on, which may open proprietary estoppel as a parallel door with its own remedies. Estrangement complicates directionally — by its cause, not its label.
Equality Was Never the Test
The claim that fails most predictably is the demand for equal treatment as of right: parents may distribute unequally, and courts uphold unequal wills constantly. Section 117 polices failure of moral duty, not asymmetry — which is why the winning adult claim is never “my sibling got more” but “on this whole history, a prudent and just parent could not have left matters here”. Building that whole history — the provision ledger on all sides, the caring record, the promises witnessed — is the actual work, and it is more documentable than families expect.
Time limits in estate disputes are among the strictest in Irish law — a section 117 claim must be brought within six months of the grant issuing, and the court cannot extend it. Other claims run on their own clocks, some short, some with extensions. Never assume you are out of time, and never assume you have time: take advice promptly. Nothing on this page is legal advice for your situation.
The Clock Doesn’t Care About Your Age
Six months from the grant, no extensions — the same guillotine as every 117 claim (explained in full here), and adult children lose more claims to it than anyone, because adults are the ones who wait politely. The sequence: grant date established, merits honestly assessed, protective issue where substance meets indecision. All of it fits in one confidential call — the practice machinery is at section 117 claims.
Talked Yourself Out of Checking?
The assessment costs one confidential call; the assumption can cost the claim. Merits and clock, honestly - then the decision is genuinely yours.
Call 01 5827148Related Reading
Adult Children's Claims - FAQs
About the Author
Richard O’Shea, Solicitor, TEP practises with Mary Molloy Solicitors (established 1981) in probate, will disputes and estate litigation throughout Ireland. Richard is a qualified Trust and Estate Practitioner (STEP) — the international specialist credential for wills, trusts and estates — and holds a Diploma in Mediation from the Law Society of Ireland, a pairing built for exactly this work: specialist estates expertise, and the means to keep families out of war where that is still possible. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every estate and family situation is different, and time limits in this area are strictly applied - obtain advice on your own circumstances before acting or deciding not to act. We do not advise on tax; taxation questions should be directed to your accountant and Revenue’s published guidance. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.