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

O'Sullivan, Kathryn

doi:10.1080/09649069.2016.1156891

Cited by 2 publications

(2 citation statements)

References 11 publications

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“…18 The implications of failing to secure recognition under the Succession Act 1965 are particularly significant in an Irish context. Children enjoy strong inheritance rights under Irish law -stronger than those enjoyed by children in many other common law jurisdictions (O'Sullivan, 2016). Pursuant to section 67 of the Succession Act 1965, where a person dies intestate leaving a surviving spouse and no issue, the spouse is entitled to the entire estate.…”

Section: Part Ii: Current Position Of Posthumously Conceived Children...mentioning

confidence: 99%

Posthumously Conceived Children and Succession Law: A View from Ireland

O'Sullivan

2019

International Journal of Law, Policy and the Family

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Since its emergence in the late 1970s, posthumous conception has provoked controversy. However, notwithstanding that a number of jurisdictions continue to apply a blanket ban on the posthumous use of genetic material, many (if not most) common law jurisdictions now expressly or implicitly permit such post-mortem conception. Yet as awareness of the potential for posthumous conception continues to increase, so too does awareness of the associated legal complications. In particular, serious questions arise as to whether the so-called ‘after born’ children ought to enjoy succession rights in their deceased parent’s estate. This article considers various arguments for and against the recognition of the succession rights of posthumously conceived children and reflects on the position adopted in a number of jurisdictions. With these international perspectives in mind, the article then places the spotlight on recent developments in Ireland, specifically the recent publication of the General Scheme of the Assisted Human Reproduction Bill 2017, which seeks to expressly permit and regulate posthumous assisted reproduction in the jurisdiction. The article considers the apparent intention of the Irish legislature to recognize the ‘inheritance’ rights of posthumously conceived children and, drawing on international experiences, questions how this intention might best be realized.

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Section: Part Ii: Current Position Of Posthumously Conceived Children...mentioning

confidence: 99%

Posthumously Conceived Children and Succession Law: A View from Ireland

O'Sullivan

2019

International Journal of Law, Policy and the Family

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

Cited by 2 publications

References 11 publications

Posthumously Conceived Children and Succession Law: A View from Ireland

Posthumously Conceived Children and Succession Law: A View from Ireland

Distribution of intestate estates in non-traditional families

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