Parents often ask whether Irish law requires them to leave the same amount to every child. There is no general rule that every child must receive an identical share under a will. That does not mean a parent can ignore the legal position when deciding how to distribute the estate.
The starting point is whether the parent leaves a valid will. Children's rights under a will differ from the statutory shares that can arise where there is an intestacy.
Where a parent leaves a will
Section 117 of the Succession Act allows a child to apply to the court where the parent is said to have failed in the moral duty to make proper provision in accordance with the parent's means. The court considers the family's circumstances and the position of the children; it does not simply replace every unequal division with equal shares.
Provision made during the parent's lifetime can be relevant. So can the needs and circumstances that make one child's position different from another's. An adult child is not automatically excluded from the scope of the provision merely because of age.
Where there is no will
Intestacy rules identify the children's entitlement as part of a statutory distribution. A surviving spouse or civil partner affects the calculation, and descendants of a deceased child can also be relevant. These rules should not be confused with a section 117 application concerning a will.
Plan with evidence and care
If you intend to make unequal provision, consider the reasons calmly and obtain advice. Keep accurate records of substantial lifetime gifts or support. Avoid relying on an angry statement or a token gift as a supposed guarantee against a challenge.
Where a child has a disability, depends on benefits or needs long-term support, the structure of the inheritance may matter as much as its size. Specialist advice can help avoid an outright gift causing unintended difficulties.
After a death, a potential section 117 claim requires prompt legal advice. The statutory period is generally six months from the first grant of representation, rather than an open-ended opportunity to raise concerns.
A well-considered will does more than divide assets. It takes account of the family as it actually is and records a plan that can be explained and administered responsibly.
Sources and further reading
General information, not advice on your individual circumstances. Laws and tax rules can change; check the linked official guidance and obtain professional advice where needed.