Written answers

Wednesday, 28 April 2021

Department of Justice and Equality

Legislative Measures

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
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829. To ask the Tánaiste and Minister for Justice and Equality the steps being taken to change the law to ensure that persons responsible for killing spouses or civil partners do not benefit from the estates of the deceased person. [22114/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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At the outset, I would like to take this opportunity to express my sincere condolences to all families who have been affected in such devastating circumstances.

I am aware that the Deputy proposed a Private Members Bill seeking to ensure that perpetrators of domestic homicides could not benefit through inheritance. I know that Bill has lapsed, but I can inform the Deputy that work is progressing in amending Section 120 of the Succession Act, which will achieve the same objective.

My Department is working with the Office of the Attorney General and, as the Deputy will appreciate, there are a number of complex legal issues to be addressed in this area which require thorough examination by experts in this field of law. We are currently considering the most appropriate legislative vehicle to progress this issue. This is a complex area of the law and I want to ensure that we avoid any unintended or unforeseen consequences.

In addition, the independent study on Familicide and Domestic Homicide Review is expected to be published soon. While its Terms of Reference do not cover this issue specifically it may be more coherent to advance the next steps on this important area following on from the publication of that important review.

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