Succession Act 1965 section 117

Provision for children

Section 117 allows a child of a deceased person (who left a will) to apply to the court for proper financial provision from the estate where the parent failed in their moral duty to provide for that child.

• A child of a testator can apply to court if the parent failed in their moral duty to make proper provision for them, whether through the will or otherwise, and the court may order just provision from the estate.
• The court assesses the application from the standpoint of a prudent and just parent, considering the circumstances of all the testator's children to reach the fairest possible outcome.
• Any order made must not interfere with the legal right share of a surviving spouse or civil partner who is a parent of the child, though the court has some discretion where the civil partner is not the child's parent.
• An application must be made within six months of the first taking out of representation (i.e. the grant of probate or administration) of the deceased's estate, and costs are at the court's discretion.