Don’t let killers get hands on spouse’s assets
The Law Reform Commission has called for comprehensive legislation to prevent people who commit murder, attempted murder or manslaughter from obtaining any such benefit, including life insurance policies and pensions.
But the commission said there should be one exception in manslaughter cases: where the defendant claims provocation, mostly typically in scenarios of long-term domestic violence.
The LRC’s recommendations are aimed at closing loopholes in the law which were highlighted in a 2011 High Court case between Lillis and his daughter, Georgia, and his wife’s siblings.
Lillis was sentenced to seven years in prison for the manslaughter of wife Celine Cawley at their home in Howth, north Dublin, in December 2008.
Under the Succession Act 1965, a person should not be able to inherit any part of the estate of a person whom she or he has murdered; attempted to murder; or killed in circumstances amounting to manslaughter.
The commission said that “certain difficulties” connected with this provision had come to light in spousal homicides where the killer and the deceased were joint owners of property, such as the family home.
In such scenarios, as in the Lillis case, the property automatically passes to the surviving joint owner.
Ms Cawley’s brother Chris and sister, Susanna, along with Ms Cawley’s and Mr Lillis’s daughter Georgia, took a High Court action challenging his right to any share of the joint assets.
Ms Justice Mary Laffoy had said “in the absence of legislation” the court had “no power or jurisdiction” to interfere with the defendant’s rights.
Ms Justice Laffoy came up with a novel solution after the defendant conceded, at a late stage, he would hold his wife’s share of the property in a trust for himself and the estate of the deceased.
The judge added that “ideally, there should be legislation in place” which prescribes the destination of such properties.
As a result, the LRC, an independent statutory body, conducted a detailed examination of the law.
In a 112-page report published yesterday, the LRC said that any joint tenancy “should be deemed to be severed” from the date of the homicide offence.
It called for comprehensive legislation to be enacted to prevent a person benefiting from committing murder, attempted murder or manslaughter.
It said this should prevent the offender benefiting from “any property interest of the victim, including under a life insurance policy, a pension or life tenancy”.
The report said the courts could disapply this rule in manslaughter cases: “This discretion would allow a court to take account of a case where a spouse has been convicted of manslaughter but where the defence of provocation was available, such as where there was a long history of domestic violence leading up to the offence.”
It said the law should apply even in cases where there was no criminal prosecution or conviction for the homicide.
