The Law Reform Commission is asking for the public's input into Ireland’s Succession Act 1965.
The paper is looking into the section which states that a child of a deceased parent who had made a will can apply to the court and claim the parent failed in their ‘moral duty’ to make the proper provision for them.
Upon agreement from the court, they can then make an order that adjusts the amount given to the child in the will.
The Commission is looking for an opinion on whether or not the effect of the demographic changes in families as a result of the 1965 Act should be taken into account.
Professor Tom O’Malley of the Law Reform Commission spoke to RTÉ’s Morning Ireland and said this might create a problem when it comes to a child who might have taken care of their parents into their old age and will no longer be entitled to the larger share as another sibling who may be established financially and left home is claiming entitlement.
Professor O'Malley said:
“We are interested in hearing not only from people who are interested…in the legal aspects of this question but also from people who would have expertise or ideas about the whole question of the private transmission of wealth from one generation to another.”
After looking at the public’s response to the issue, their input will be put into a consultation document.
If you would like to share your thoughts on the issue, you can do so by visiting the Law Reform Commission website.
