If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)

Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Nevin and s.120 of the 1965 Act

234 · 2013-03-01 18:36:14

From the news reports the court has placed reliance on the fact that s.120(1) refers to a "person who has been guilty of the murder" rather than a person convicted of the murder, where the term "convicted" is used in s.120(4). Apparently this means that this is an expression of policy. Do this mean that you need to prove…

Options

01-03-2013 7:36pm

#1

234

Registered Users Posts: 1,529 ✭✭✭

Join Date: January 2011

Posts: 1427

From the news reports the court has placed reliance on the fact that s.120(1) refers to a "person who has been guilty of the murder" rather than a person convicted of the murder, where the term "convicted" is used in s.120(4). Apparently this means that this is an expression of policy.

Do this mean that you need to prove in the succession proceedings that the beneficiary murdered the testator/deceased on the lower standard of proof? Rather than just pointing to the fact of the conviction for murder?

0

Comments

Options
#2 01-03-2013 7:50pm
NoQuarter

Registered Users Posts: 4,632 ✭✭✭

Join Date: August 2007

Posts: 4286

That was my reading of it, although I certainly didnt look into it in any detail. And in the civil proceedings, she can contend her innocence again. It would have to be the lower standard though I'd imagine.

0