Written answers

Thursday, 18 December 2014

Department of Justice and Equality

Succession Act

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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277. To ask the Minister for Justice and Equality her plans to amend section 120 of the Succession Act 1965 (details supplied); and if she will make a statement on the matter. [48947/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to make reference to a specific case in answer to a Parliamentary Question.

Shortcomings in the scope of the succession rules applicable in cases where a spouse has been found guilty of the unlawful killing of the other spouse have been revealed in a number of high profile cases. I share the concerns that any person might benefit from their participation in the unlawful killing of another and I welcome therefore the Law Reform Commission's decision to examine the issues raised in the context of section 120 of the Succession Act 1965, and to make any necessary recommendations for amendment of the legislation.

The Commission has already published an issues paper which examines the rule in section 120 of the 1965 Act which precludes such a person from inheriting from his or her victim's estate and forfeits any inheritance that he or she would otherwise receive under the victim's will or on intestacy. I understand that the Commission is inviting submissions from interested parties in relation to the specific questions raised in the paper before 26 January 2015. I look forward to receiving the Commission's recommendations for reform in due course and I intend to proceed quickly thereafter with the enactment of any necessary legislative changes.

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