June 2017 | Law Reform Commission Section 117 Succession Act 1965

The Law Reform Commission has published its report on their review of section 117 Succession Act 1965.

This section refers to the ‘discretionary forced heirship’ rights of a child to make a claim against the estate of his or her parent and states:

“Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.”

This firm through both the Law Society and STEP made detailed submissions for this report and welcome aspects of the reform suggested particularly in the context of giving certainty for estates in many cases.

See the full report here;

See STEP submission here;