Inheritance Claims by Dependents, Spouses & Cohabitations

Inheritance claims in Ireland are governed by the Succession Act 1965 and the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, ensuring that dependents, spouses, and cohabitants are provided for fairly in an estate. When a will does not make adequate provision, certain individuals may have the legal right to bring a claim. Understanding your rights under Irish inheritance law is essential if you believe you have been excluded or under-provided for.

Who Can Make an Inheritance Claim?

Inheritance claims in Ireland can be made by:

• Dependents – Children who were not adequately provided for in a will may make a Section 117 claim under the Succession Act 1965.
• Spouses – Surviving husbands or wives are entitled to their legal right share of the estate. If the will does not comply, they can enforce their entitlement through a spousal claim.
• Cohabitants – Long-term unmarried partners may have rights to inheritance if they can demonstrate dependency or a durable cohabitation relationship.

Types of Inheritance Claims

1. Section 117 Claims – Claims by children who feel the estate has failed to provide adequately.
2. Spousal Entitlement Claims – Ensuring that a surviving spouse receives the portion of the estate they are legally entitled to.
3. Cohabitant Claims – Protecting the inheritance rights of unmarried partners who may have been excluded or overlooked in the will.

How to Make an Inheritance Claim in Ireland

• Seek legal advice early – Irish inheritance law is complex, and time limits are strict. Acting promptly is critical.
• Gather evidence – Documentation showing dependency, cohabitation, or financial need strengthens your claim.
• Negotiation and mediation – Many inheritance disputes are settled outside of court to avoid lengthy litigation.
• Court action – If necessary, claims can be pursued in the High Court or Circuit Court to ensure fair provision from the estate.