Theoretical Probate Question

Man has 4 children (3 male/1 female). He leaves his family home (worth €500,000) to his daughter in his will and his bank accounts(worth €50,000) to his 3 sons along with the residue of the estate.

The man develops Alzheimers and he is made a ward of court. The Court orders that his house is sold to pay for his treatment/nursing home.

The man dies. The gift of the house to the daughter lapses so the money left over from the proceeds of the sale of the house (minus money used for deceased's nursing care) falls into the residue. The sons are residuary legatees so get it.

The daughter is left with nothing. Can the daughter bring a S. 117 application to challenge to the will or do anything at all?

I would say yes, a challenge could be sustained, as the father clearly intended that she be a significant beneficiary at the time of making the will, and the sale of the property was ordered by the court, and was not a voluntary act on the part of the father.

She would have to prove that the father did not make proper provision for her during his lifetime. If he did then it would be hard to succeed in a Section 117 application. The courts are looking less favourably on these applications.