Succession Act 1965

F29[Shares of surviving civil partner and issue

67A

67A. (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.

(2) If an intestate dies leaving a civil partner and issue

(a) F30[subject to subsections (3), (3A) (inserted by section 67(c) of the Act of 2015), (4), (5), (6) and (7)], the civil partner shall take two-thirds of the estate; and

(b) the remainder shall be distributed among the issue in accordance with section 67B(2).

(3) F30[Subject to subsection (3A), the court may], on the application by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of the intestates estate only if the court is of the opinion that it would be unjust not to make the order, after considering all the circumstances, including

(a) the extent to which the intestate has made provision for that child during the intestates lifetime,

(b) the age and reasonable financial requirements of that child,

(c) the intestates financial situation, and

(d) the intestates obligations to the civil partner.

F31[(3A) An application may not be made under subsection (3) by or on behalf of a child of an intestate where that child is also the child of the surviving civil partner.]

(4) The court, in ordering provision of an amount under subsection (3) shall ensure that

(a) the amount to which any issue of the intestate is entitled shall not be less than that to which he or she would have been entitled had no such order been made, and

(b) the amount provided shall not be greater than the amount to which the applicant would have been entitled had the intestate died leaving neither spouse nor civil partner.

(5) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.

(6) The costs in the proceedings shall be at the discretion of the court.

(7) An order under this section shall not be made except on an application made within 6 months from the first taking out of representation of the deceaseds estate. ]

Annotations

Amendments:

F29

Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010(24/2010), s. 73, S.I. No. 648 of 2010.

F30

Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 67(a) and (b), S.I. No. 624 of 2019.

F31

Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 67(c), S.I. No. 624 of 2019.