Partners bill ‘violates children’s inheritance rights’

THE “same sex” provisions of the Civil Partnership Bill generated so much heat and smoke that the very serious implications of the “cohabitants” provisions for the inheritance rights of children went completely under the radar of the public and the vast majority of our TDs and senators.

Although it had been very well disguised in the manner of the drafting of the bill, any claim for “redress” under section 173 can only be discharged out of that part of the respondent cohabitant’s assets and income available to him for the support of himself and the education and welfare of his children.

Similarly, a successful claim under section 194 for “provision” out of his estate can only be satisfied out of that part of his estate that any responsible father would wish to leave to his children. In a nutshell, his wife’s share of his estate is completely ringfenced against the predations of his former cohabitant, but his children’s share will be up for grabs. Once the claimant can establish any degree of financial dependence upon her former cohabitant, the range of possible remedies open to her under the bill amount to the legal equivalent of ‘Winning Streak’ as far as the deceased’s children’s share of their late father’s estate is concerned.