Courts should hear inheritance claims from children of parents who died intestate

The Commission’s Report on Section 117 of the Succession Act 1965: Aspects of Provision for Children was launched by Ms Justice Marie Baker of the High Court at a press conference in Dublin last night.

Under section 117 of the Succession Act 1965, the child of a deceased parent who has made a will can apply to court and claim that the parent failed in his or her “moral duty to make proper provision for the child” in accordance with the parent’s means during the parent’s lifetime.

If the court agrees, it can make an order that adjusts the amount left to the child in the will and order that a different amount that the court thinks is proper should be made for the child out of the parent’s estate.

The Commission has now recommended a series of changes to the law, most significantly that applications under section 117 should also be allowed where a parent dies without a will.

In 1965, the Oireachtas decided not to extend section 117 to include intestacy because it might give rise to additional litigation. However, the Commission has said there has been no evidence of this in other jurisdictions where such applications are available.

Claims by children whose parents have died intestate have been allowed in England, Wales and Northern Ireland since 1952.

The Commission has also recommended removing the references to “moral duty” and simply providing that a deceased parent has a duty to make “proper provision” for a child. It said “moral duty” may unduly emphasise an expectation or entitlement to inherit.