Consultation examines right of children to challenge parents’ wills and intestacy settlement
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The Law Reform Commission has published a consultative paper on section 117 of the Succession Act 1965, which provides that a child of a deceased parent who has made a will can apply to court and claim the parent failed in their “moral duty to make proper provision for the child”.
It covers a broad range of issues, including whether section 117 should be extended to allow applications by children of parents who have died intestate and whether the six month time limit should be extended (and/or whether the courts should have a discretion to extend it).
It invites views on whether “an alternative procedure is required to deal with claims by children in the case of intestacy”.
Critically, it asks whether section 117 should be repealed, retained as it is, or amended, in particular to more clearly define the criteria by which a court should determine is “proper provision” has been made.
The Commission said it also wanted to hear general views on whether demographic and social changes, including the introduction of divorce and longer life expectancies, should be taken into account.
The full 85-page issues paper is available for download in PDF format.
Submissions and comments are welcomed at successionsection117@lawreform.ie or by post (details here) by close of business on Monday 27 June 2016.
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