Reforming the law

It is now over 50 years since the Succession Act 1965 came into operation. Having considered the social and economic change that has taken place in the intervening period, the Law Reform Commission (LRC) has published a report on section 117 of the act, which was launched on 30 May 2017 by Ms Justice Baker.

The LRC recommends that the law should be reformed, specifically as it applies to adult children. Along with 19 recommendations for reform, it includes a draft Succession (Amendment) Bill 2017 for that purpose. Some of the proposed changes include extending section 117 to cover intestacy, that the section be based on ‘proper provision’ rather than ‘moral duty’, and that the legal right share for surviving spouses be ring-fenced.

A seismic shift

In practical terms, two of the recommendations would result in a seismic shift in succession law, writes Karl Dowling, author of the Irish Probate Practitioners' Handbook.  Specifically, Dowling writes, the LRC has taken an important step in guarding against injustice by recommending that section 117 should be extended to intestate estates. Dowling also welcomes a new approach to ‘proper provision’ set out by the LRC, particularly the proposal that the court should presume that the deceased made proper provision for adult children.

Writing in the Gazette, Dowling explores some of the major changes that the LRC has proposed for Irish succession law, and their likely impact if enacted.

• Read the full article in the July 2017 Gazette

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