Succession Part Two Flashcards
What is the Legal Right Share (LRS) for a spouse where there are no children?
50% of the estate.
What is the LRS for a spouse where there are children?
One-third of the estate.
What case confirmed that LRS vests automatically upon death?
O’Dwyer v Keegan [1997] 2 ILRM 401.
Name three circumstances where a spouse loses inheritance rights.
Desertion (2+ years), serious crime, divorce.
What section of the Succession Act 1965 allows children to challenge a will?
Section 117.
What must a child prove in a Section 117 claim?
A positive failure of the parent’s moral duty to provide.
What case set a high burden of proof for Section 117 applications?
Re IAC, deceased [1989] ILRM 815.
What factors influence a court’s decision in a Section 117 application?
Number of children, testator’s means, prior provisions, and fairness among children.
What is the proposed reform to Section 117 by the Law Reform Commission?
Remove ‘moral duty’ and introduce a presumption of proper provision for adult children.
What happens if someone dies intestate with a surviving spouse but no children?
The spouse inherits the entire estate.
What is the share for a spouse if there are children?
Two-thirds to the spouse, one-third to the children.
Who inherits if there is no spouse or children?
Parents (if alive), then siblings, then next-of-kin.
What is the rule for distributing inheritance among issue of different degrees?
Per stirpes (descendants inherit their parent’s share).
What law treats adopted children the same as biological children?
Adoption Act 1952.
What happens to an estate if no family can inherit?
The State takes the estate (bona vacantia).
What is the ‘hotchpot’ rule?
Prior advancements during life are deducted from a child’s share on intestacy.
What is a ‘donatio mortis causa’?
A gift made in contemplation of death, conditional on the donor’s death.
What are the three conditions for a valid ‘donatio mortis causa’?
1) Made in contemplation of death, 2) Conditional on death, 3) Possession or dominion transferred.
What case confirmed that land can be transferred via ‘donatio mortis causa’?
Sen v Hedley [1991] Ch 425.
Can a ‘donatio mortis causa’ be revoked?
Yes, if the donor recovers from illness or if the donee predeceases the donor.
What case stated that treating children equally does not always satisfy moral duty?
B(E) v S(S) [1998] 4 IR 527.
In what case did a parent’s disinheritance of a child due to marriage lead to a successful claim?
McDonald v Norris [1999] 4 IR 301.
What case involved a deceased father knowing about his wife’s will when making his own?
W(C) v W(L) [2005] 4 IR 439.
What case clarified that hostility between parent and child does not eliminate moral duty?
McDonald v Norris [1999] 4 IR 301.
What case involved a son who worked on a farm believing he would inherit it?
WB v JB [2019] IECA 58.
What is the key difference between testacy and intestacy?
Testacy follows the testator’s will, intestacy follows statutory rules.
What section protects a spouse’s entitlement to inheritance?
Section 111 of the Succession Act 1965.
What is the main focus in intestacy law?
Determining how the estate is distributed among family members.
What is the main challenge in a Section 117 application?
Proving a ‘positive failure’ in moral duty.
What recent reform proposes changes to adult children’s inheritance rights?
Law Reform Commission Report (2017).
