Succession Act 1965

Exclusion of persons from succession.

[New]

120

120.(1) A sane person who has been guilty of the murder, attempted murder or manslaughter of another shall be precluded from taking any share in the estate of that other, except a share arising under a will made after the act constituting the offence, and shall not be entitled to make an application under section 117.

(2) A spouse F54[] guilty of desertion which has continued up to the death for two years or more shall be precluded from taking any share in the estate of the deceased as a legal right or on intestacy.

F55[(2A) A deceaseds civil partner who has deserted the deceased is precluded from taking any share in the deceaseds estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.]

(3) A spouse who was guilty of conduct which justified the deceased in separating and living apart from him shall be deemed to be guilty of desertion within the meaning of subsection (2).

F55[(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).]

(4) A person who has been found guilty of an offence against the deceased, or against the spouse F55[or civil partner] or any child of the deceased (including a child adopted under the Adoption Acts, 1952 and 1964, and a person to whom the deceased was in loco parentis at the time of the offence), punishable by imprisonment for a maximum period of at least two years or by a more severe penalty, shall be precluded from taking any share in the estate as a legal right or from making an application under section 117.

(5) Any share which a person is precluded from taking under this section shall be distributed as if that person had died before the deceased.

Annotations

Amendments:

F54

Deleted (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 42, commenced as per s. 46(2).

F55

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 87, S.I. No. 648 of 2010.