Intestacy Law In Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?

Burns, Fiona

doi:10.2139/ssrn.2255245

Cited by 2 publications

(2 citation statements)

References 23 publications

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“…Evaluating the relative merits of intestacy regimes founded on fractional share and statutory legacy approaches, Burns (2012) observed, 'the interests and well-being' of the surviving spouse (or civil partner) under the former approach are 'not given the same practical prominence and protection' as they are they are pursuant to the latter (p385 emphasis added). In seeking to afford this 'prominence' and 'protection' to surviving spouses and civil partners in Ireland, it is submitted a ruleoriented regime based on a modified statutory legacy approach ought to be given serious consideration in the jurisdiction.…”

Section: Resultsmentioning

confidence: 99%

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

O'Sullivan

2016

Journal of Social Welfare and Family Law

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Section: Resultsmentioning

confidence: 99%

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

O'Sullivan

2016

Journal of Social Welfare and Family Law

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“…In relation to the first issue, it is accepted that the needs of all surviving spouses must be prioritised on intestacy and the importance of protecting such spouses should remain paramount (see Burns, 2012; Cooke, 2009; see also O’Sullivan, 2016). Since at least the first introduction of the statutory legacy in 1925, law reform in this area has consistently intensified of the rights of surviving spouses, primarily with a view to ensuring their financial protection.…”

Section: Reluctance For Reform In England and Walesmentioning

confidence: 99%

Distribution of intestate estates in non-traditional families

O'Sullivan

2017

Common Law World Review

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The rules governing the distribution of an intestate estate applied pursuant to section 46 of the Administration of Estates Act 1925 as amended by section 1 of the Inheritance and Trustee's Powers Act 2014 ensure very generous provision for surviving spouses in England and Wales. However, notwithstanding the merits of such provision, the extent to which the regime strikes an appropriate balance in distributing such an estate, in particular, between the surviving spouse and a deceased's children from a former relationship, if present, appears somewhat dubious. Part I briefly positions the intestacy regime adopted in England and Wales in an international context, placing a special emphasis on the protection afforded to the interests of a deceased's children from a former relationship in a number of different jurisdictions. Part II then critiques the arguments recently advanced by the Law Commission for England and Wales against reform in this area and argues that such reform is, in fact, warranted. On this basis, Part III presents a novel proposal for consideration.

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Intestacy Law In Australia, England and Singapore - Another Aid to Social Sustainability in an Ageing Population?

Cited by 2 publications

References 23 publications

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

‘Til death do us part’: surviving spouses, civil partners and provision on intestacy in Ireland

Distribution of intestate estates in non-traditional families

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