the predeceased sibling had no child alive (be a nephew/niece of deceased), that share lapses and is shared amongst surviving brothers and sisters and any nephews and nieces of the children of another sibling of the deceased who predeceased the deceased. Grandnephews or grandnieces do not inherit per stirpes. Non-Marital Relationships The status of illegitimacy was abolished in Ireland by the Status of Children Act 1988. The Act applies in relation to intestate succession where a deceased died intestate after 14/6/88. Section 3 of the Act provides that: “in deducing any relationship for the purposes of the Act or any Act of the Oireachtas passed after the commencement of this section, the relationship between the person and his father and mother (or either of them) shall, unless the contrary intention appears, be determined irrespective of whether his father and mother have been married to each other and all other relationships8 shall be determined accordingly.” The Act applies to a will where the will was made after 14/6/88, so any references to ‘child’ or ‘issue’ will be interpreted in such wills as including non-marital children/issue. Testators Per Stirpes Rule The ‘per stirpes’ rule (‘by the roots’) is an exception to the general intestate rule that, to inherit on intestacy, one must be in the nearest circle of kin alive at the date of death to the deceased – interest is determined at the date of deceased. The rule allows kin inherit the share of their parent that would otherwise have lapsed where their parent predeceased the deceased, whilst others of his circle survived the deceased and inherit as next of kin. It applies in two situations (circles of kin) where: 1. Issue of a deceased person are inheriting 2. Brothers and sisters of a deceased person are inheriting In the first case, two conditions must be fulfilled for the per stirpes rule to apply: (1) One child survives the deceased. (2) One child predeceases the deceased, leaving issue alive at date of death of deceased. If no child survives the deceased, then all the grandchildren share the estate equally. If the predeceased child does not leave issue alive at the deceased’s death, then the surviving children share estate equally. In the second case, the rule applies similarly in the brother/sister circle, requiring one sibling to survive and one sibling to predecease the deceased, leaving children alive at date of death of deceased. How the rule applies differently in this circle of kin to the issue circle of kin is that, unlike in the issue circle – which applies through all circles of issue, allowing a child’s share be saved for benefit of all of his issue if any are alive at date of death of the deceased – it is restricted in the brother/sister circle to children only of the sibling. In the brother/sister circle therefore, if 86 LAWYER MONTHLY JULY 2023 The entitlement to succeed on intestacy to the estate of a deceased person, no matter when he died, requires the person to be the closest blood relative to the deceased alive at his date of death, as kinship is based on blood relationship. are entitled to exclude the provisions of the Act and where a will made after 14/6/88 expressly excludes Act application, all references to child/ issue in the will shall only include marital children and issue. Adoption An adopted child is deemed from date of adoption order in Ireland, or the recognition of an intercountry adoption effected outside the State, to be the child of the adopters and not the child of any other person9. The adoption order or the recognition of an intercountry adoption effected outside the State terminates the legal relationship between the child and his natural parents and all rights (including succession rights) and obligations between the parties cease from the date of the respective order. Civil Partnership The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (2010 Act) established a statutory scheme for the registration of same-sex relationships and set out the rights and obligations of civil partners registered under the Act, substantially mirroring those of spouses. Part 8 of the 2010 Act sets out the entitlements of a surviving civil partner on the death of his partner. It equalises almost
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