Dear all,

Some of you may be interested in the Issues Paper recently launched by
the Irish Law Reform Commission, which despite its rather technical
title considers the circumstances in which a person who kills the
testator should forfeit:
(a) Benefits under the testator's will; and
(b) An interest in property held jointly with the testator.

The issues paper can be found at the link below and a consultation is ongoing.

http://www.lawreform.ie/_fileupload/Issues%20Papers/ip7AspectsSuccessionLaw.pdf

The consultation was prompted by the decision of the High Court in
Cawley & Ors -v- Lillis [2011] IEHC 515 (06 December 2011)

http://www.bailii.org/ie/cases/IEHC/2011/H515.html

In which the Court held that Mr Lillis, who had been convicted of the
manslaughter of his wife, was entitled to take a half share in the
couple's family home and other jointly owned assets in Ireland. The
Court concluded that Mr Lillis held the other half share in the
couple's joint assets on constructive trust for Mrs Lillis.

The Court concluded its judgment with the recommendation that:

"11.1 The issues raised in these proceedings demonstrate that,
ideally, there should be legislation in place which prescribes the
destination of co-owned property in the event of the unlawful killing
of one of the co-owners by another co-owner. Such legislation would
have to have regard to the changes in relation to co-ownership of real
property affected by the Act of 2009. It would also have to address
from a policy perspective the complications which arise in a situation
where there are three or more co-owners."

Kind regards

Ger