Newstalk
Newstalk

08.28 25 Apr 2016


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The Law Reform Commission is asking for the public's input into Ireland's succession law.

Section 117 of the Succession Act 1965 asks whether a parent has made proper provision for a child in his or her will.

At the moment, a child has no right to their parent's estate - unless the parents die without making a will.

But other than that there is no automatic entitlement.

The consultative paper is examining the section which provides that a child - including an adult 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 a proper provision for them.

If the court agrees, it can make an order that adjusts the amount left to the child in the will.

It can also 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 is seeking views as to whether the effect of current or future demographic changes in families - such as changing family relationships since the 1965 Act was enacted - should be taken into account.

Dr Fergus Ryan is a law lecturer at NUI Maynooth.

He told Newstalk Breakfast there are also other factors at play.

The Law Reform Commission has asked that submissions and comments on the Issues Paper - which can be made online, by e-mail or by post - should be completed if possible by Monday June 27th 2016.


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