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Ceisteanna — Questions Oral Answers. - Succession Act.

Thursday, 29 September 1966

Dáil Éireann Debate
Vol. 224 No. 3

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Mr. Sweetman: Information on Gerard Sweetman Zoom on Gerard Sweetman asked the Minister for Justice if he is aware that most legal authorities believe that a renunciation under section 113 of the Succession Act, 1965, can only be made after the Act comes into operation; and if he will therefore introduce legislation to bring that section into operation forthwith so that there may be an opportunity for spouses to make suitable arrangements now.

Mr. B. Lenihan: Information on Patrick J. Lenihan Zoom on Patrick J. Lenihan I am not aware that section 113 of the Succession Act, 1965, is being interpreted in the manner alleged in the question. In any event I could not accept that such an interpretation is correct and I do not, [405] therefore, propose to introduce any legislation on the subject.

There is nothing in the Act or in the law generally to prevent a person from entering into a valid agreement relinquishing property rights, whether present or future and whether arising by way of succession or otherwise. For instance, it is common practice in a well-drawn separation agreement to provide for the renunciation of intestate rights.

The will of every testator who dies after the commencement of the Succession Act is, by reason of section 9, subject to the provisions of the Act irrespective of whether the will was executed before or after the commencement of the Act. There are many provisions in the Act that necessarily affect actions performed by testators and others prior to the commencement of the Act.

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