Succession Bill, 1965—Dáil Amendments to Seanad Amendments.

I move that the Seanad do agree to amendment No. 1 made by the Dáil consequential upon its agreement to Seanad amendment No. 13:

In the Second Schedule, Part IV, page 48, in the third column, at the reference to the Registration of Title Act, 1964, above "Part IV", the following inserted:

"Subsection (3) of section 61."

Question put and agreed to.

I move that the Seanad do agree to amendment No. 2 made by the Dáil to Seanad Amendment No. 37:

All words after "murder" deleted and the following substituted:

"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 116."

I wonder could the Minister indicate the change that is proposed to be made by this particular amendment?

The purpose of this amendment is to meet the intention expressed by the Seanad on the Report Stage here when the view was expressed, to which I acceded, that in the case of attempted murder there should be allowance to the effect that forgiveness might be made by the victim of the attempted murder and that such person should not be prevented from providing on his or her death for the person who committed the offence. I sought to meet that on the Report Stage by the simple deletion of the words "attempted murder". I thought at the time, and the Seanad thought also, that it would meet the point of view expressed as regards forgiveness. In point of fact, in the event of the simple deletion of the words "attempted murder", a situation would arise, in respect of a bequest made in a will prior to the attempted murder taking place, that that particular bequest would be allowed. This would be completely contrary to public policy and it would not involve the element of forgiveness. In other words, a bequest in a will made prior to attempted murder would be allowable on the simple deletion of the words.

If the amendment, which was passed in the Dáil, stands, the wording will make it quite clear that attempted murder is included, except in respect of a share arising under a will made after the act constituting an offence. A person guilty of murder, attempted murder or manslaughter will not be entitled to a bequest under a will made prior to the crime; but, if the victim of the crime subsequently makes a will, he is now, under the suggested amendment, being allowed to forgive, as was the intention of the Seanad.

Question put and agreed to.

I move that the Seanad do agree to amendment No. 3 made by the Dáil to Seanad amendment No. 38:

"and ‘or from making an application under section 116' substituted" added.

I wonder would the Minister be good enough to indicate how the section will read when this amendment to the amendment is welded into it?

It is subsection (4) which is involved. After the fourth word from the end of the subsection as it now stands, we delete, as was agreed on Report Stage, "or on intestacy" and add "or from making an application under section 116." That is just to put a child in the same position as a spouse. The one will not be entitled to a legal right share and the other will not be entitled to make an application under section 116.

Yes. I could not make out the two sets of parentheses: "or" and "and".

"And" will not appear in the Bill.

That makes it perfectly clear.

Question put and agreed to.

I move that the Seanad do agree to amendment No. 4 made by the Dáil consequential upon its amendments to Seanad amendments Nos. 37 and 38:

In section 119, subsection (6), page 40, lines 40 to 42 deleted.

This is a drafting amendment which follows from what we have now done.

The whole of subsection (6) is deleted, is it?

Question put and agreed to.

A message will be sent to the Dáil.

This is a gratifying conclusion to the Bill.