S117 of the Succession Act 1965
1) Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.
[S117 of the Act of 1965 is hereby amended by the insertion of the following subsection after subsection (1)]
a) An application made under this section by virtue of Part V of the Status of Children Act 1987, shall be considered in accordance with subsection (2) irrespective of whether the testator executed his will before or after the commencement of the said Part V.
b) Nothing in paragraph (a) shall be construed as conferring a right to apply under this section in respect of a testator who dies before the commencement of the said Part V.
2) The Court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children.
3) An order under this section shall not affect the legal right of a surviving spouse or, if the surviving spouse is the mother or father of the child, any devise or bequest to the spouse or any share to which the spouse is entitled on intestacy.
4) Rules of court shall provide for the conduct of proceedings under this section in summary manner.
5) The costs in the proceedings shall be at the discretion of the court.
6) An order under this section shall not be made except on an application made within six months from the first taking out of representation of the deceased’s estate.
Under the provisions of Section 117 of the 1965 Act outlined above, where a child of a deceased parent can demonstrate that the deceased parent has failed to make proper provision for the child in accordance with his/her means whether by will or otherwise, the child can bring an action pursuant to the Act for relief.