Roderic O'Gorman (Dublin West, Green Party) | Oireachtas source

I move amendment No. 77:

“PART 8

AMENDMENT OF SUCCESSION ACT 1965

Definition (Part 8)

52.In this Part, “Act of 1965” means the Succession Act 1965.

Amendment of section 4A of Act of 1965

53.Section 4A of the Act of 1965 is amended— (a) in subsection (1), by the substitution of “Subject to subsection (1A) and section 4B,” for “Subject to subsection (1A),”, and

(b) In subsection (6), by the insertion of “and section 4B,” after “ “In this section”.

Special provisions in relation to affected persons

54. The Act of 1965 is amended by the insertion of the following section after section 4A: “4B. (1) Where, under this section, a relationship between an affected person and another person is to be deduced in accordance with this subsection, the relationship between the affected person and—

(a) his or her father and mother shall, subject to section 27A of this Act, be determined in accordance with section 3 of the Act of 1987,

and

(b) his or her social father and social mother shall, subject to section 27A of this Act, be deemed, respectively, to be the same as the relationship between the affected person and his or her father and mother,

and all other relationships shall be determined accordingly.

(2) Without prejudice to the generality of subsection (1)—

(a) where the relationship between an affected person and another person is to be deduced in accordance with that subsection, this Act shall be construed as follows—

(i) a reference, other than in section 4A, to the father of an affected person shall be construed as including a reference to both the father and the social father of the affected person,

(ii) a reference, other than in section 4A, to the mother of an affected person shall be construed as including a reference to both the mother and the social mother of the affected person,

(iii) a reference to the parent of an affected person shall be construed as including a reference to both the parent and the social parent of the affected person,

(iv) a reference to the brother of an affected person shall be construed as including a reference to both the brother of the affected person and a person who is determined in accordance with subsection (1) to have the same relationship with the affected person as a brother of the affected person

(v) a reference to the sister of an affected person shall be construed as including a reference to both the sister of the affected person and a person who is determined in accordance with subsection (1) to have the same relationship with the affected person as a sister of the affected person,

(vi) a reference to the child of a person shall be construed as including a reference to both the child of the person and an affected person in relation to whom the person is a social parent, and

(vii) a reference to the issue of a person shall be construed as including a reference to both the issue of the person and a person who is determined in accordance with subsection (1) to have the same relationship with the person as the issue of the person, and

(b) for the purposes of section 71, an affected person shall be deemed to have the same blood relationship with his or her social parent as he or she would have were the social parent his or her parent.

(3) Where—

(a) an order under section 117 or 121, or

(b) a provision to a person out of the estate of a testator pursuant to an order under section 117 or 121 or in connection with proceedings or a claim under such section or sections,

was made before the date on which this subsection comes into operation—

(i) an affected person in whose interest the order, or to whom the provision, was made and in relation to whom the testator concerned was a social parent shall be treated as if the relationship between him or her and the testator was deduced in accordance with subsection (1), and

(ii) the order or provision shall not be rendered invalid by reason of the fact that the testator was the social parent, and not the parent, of any affected person.

(4) The taking, before the date on which this subsection comes into operation, by—

(a) the spouse of a testator of the share of the testator’s estate referred to in section 111(2),or

(b) the civil partner of a testator of the share of the testator’s estate referred to in section 111A(2),

shall not be rendered invalid by reason of the fact that the testator concerned was the social parent, and not the parent, of a person.

(5) Where, in the distribution of the estate of an intestate—

(a) a person, before the date on which this subsection comes into operation, took the estate or a share of the estate, and

(b) at the time of such taking—

(i) the person did not have the relationship with the intestate that would have entitled him or her under Part VI to the taking, but

(ii) the person would have had such a relationship with the intestate had the relationship been deduced in accordance with subsection (1),

the taking of the estate or share of the estate, as the case may be, by the person shall not be rendered invalid by reason of the fact that the person did not have the relationship referred to in paragraph (b)(i).

(6) This subsection applies where—

(a) an intestate dies before the date on which subsection (7) comes into operation, and

(b) administration of the estate of the intestate has been granted on or before the relevant date.

(7) Where—

(a) subsection (6) applies and,

(b) by the date on which this subsection comes into operation, the affected person concerned has not taken the estate or a share of the estate of the intestate to which he or she would be entitled were his relationship with the intestate deduced in accordance with subsection (1),

for the purposes of the distribution under Part VI of the part of the estate which has not yet been taken by any person, the relationship between an affected person and the intestate, and all other relationships, shall be deduced in accordance with subsection (1).

(8) Where—

(a) an intestate dies before the date on which this subsection comes into operation, and

(b) administration of the estate of the intestate is granted after the relevant date,

for the purposes of the distribution under Part VI of the estate of the intestate, the relationship between an affected person and the intestate concerned, and all other relationships, shall be deduced in accordance with subsection (1).

(9) This subsection applies where—

(a) a testator dies before the date on which this subsection comes into operation, and

(b) representation of the testator’s estate is taken out after the relevant date.

(10) Where subsection (9) applies—

(a) for the purposes of sections 111 and 111A, the relationship between the testator and an affected person, and all other shall be deduced in accordance with subsection (1),

(b) where the effect of paragraph (a) is that the share of the estate of the testator to which the spouse or civil partner, as the case may be, of the testator is entitled as a legal right is different to the share to which he or she would have been entitled had the paragraph not applied, section 115(4) shall apply as if the words 'or one year from the date on which section 4B(10) comes into operation,' were substituted for 'or one year from the first taking out of representation of the deceased’s estate,' and

(c) for the purposes of section 117—

(i) the relationship between an affected person and the testator, and all other relationships, shall be deduced in accordance with subsection (1), and

(ii) where an affected person, pursuant to subparagraph (i), makes an application under section 117(1), section 117(6) shall apply as if the words 'from the date on which section 4B(10) comes into operation' were substituted for 'from the first taking out of representation of the deceased’s estate'.

(11) For the purposes of this Act, a person is an affected person where—

(a) as a result of the giving of information that was false or misleading, the name of a person other than his or her mother was entered in the register of births as his or her mother, and

(b) the person named as mother and, if applicable, father in the entry assumed the role of a parent in relation to him or her and treated him or her as her or their lawful child, whether or not the entry has been corrected or cancelled pursuant to Part 3B or section 63, 64 or 65 of the Act of 2004.

(12) In this section—

'register of births' means a register of births maintained by An tArd-Chláraitheoir under section 13(1)(a) of the Civil Registration Act 2004, as amended, or under the repealed enactments (within the meaning of that Act);

'relevant date' means the 26th day of April 2022;

'social father' means, in relation to an affected person, the man named in the entry in the register of births referred to in subsection (11) as his or her father;

'social mother' means, in relation to an affected person, the woman named in the entry in the register of births referred to in subsection (11) as his or her mother;

'social parent' means, in relation to an affected person, his or her social father or social mother.”.

Amendment of section 68 of Act of 1965

55. Section 68 of the Act of 1965 is amended— (a) by the designation of the section as subsection (1),

(b) in subsection (1), by the substitution of “Subject to this section, if an intestate dies” for “If an intestate dies”, and

(c) by the insertion of the following subsections after subsection (1):

“(2) If an intestate who is an affected person dies leaving neither spouse nor civil partner nor issue, his or her estate shall be distributed between each person who is his or her surviving parent in equal shares, but, if only one parent survives, that parent shall take the whole estate.

(3) Where subsection (2) applies, and a surviving parent is both the father and the social father (within the meaning of section 4B) of the intestate concerned, the estate of the intestate shall be distributed between him and the other surviving parents in equal shares, but, if he is the only surviving parent, he shall take the whole estate.”.

Share of relatives: special provision

56.The Act of 1965 is amended by the insertion of the following section after section 69: “69A.Where, in the application of section 4B to any provision of this Part, the same person would be entitled to take, in relation to the estate of an intestate—

(a) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (a) of section 4B(1), and

(b) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (b) of section 4B(1),

the person—

(i) shall take only one of the shares in the estate referred to in paragraphs (a) and (b), and

(ii) may elect to take either the share referred to in paragraph (a) or the share referred to in paragraph (b).”.”.

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