Succession Exclusions - Crime

Tom Young

Someone PM'd me in relation to this last week. I deleted the PM.

Here is the answer.

Exclusion of persons from succession.

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 against whom the deceased obtained a decree of divorce a mensa et thoro, a spouse who failed to comply with a decree of restitution of conjugal rights obtained by the deceased and a spouse 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.

(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).

(4) A person who has been found guilty of an offence against the deceased, or against the spouse 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.

Reloc8

Nevin v Nevin - a judgment of Shanley J from a few years back applies & interprets.