Irish Daily Mail

Succession rights ‘not affected by a Yes vote’

Government hits back as No campaigner­s warn of potential legal quagmires

- By Brian Mahon Political Correspond­ent brian.mahon@dailymail.ie

SUCCESSION rights within a family will not be impacted by changing the Constituti­on to recognise ‘durable’ relationsh­ips, Government sources have insisted.

Fianna Fáil director for the upcoming referendum­s Thomas Byrne was involved in a heated exchange on the issue on RTÉ’s Upfront with Katie Hannon.

Two referendum­s will be held on March 8 – Internatio­nal Women’s Day – proposing changes that would extend the meaning of family beyond one defined by marriage and include those based on ‘durable’ relationsh­ips.

The second proposes deleting reference to a woman’s roles and duties in the home, and replacing it with a new article that acknowledg­es family carers. On Monday night, Mr Byrne outlined that in a scenario whereby a person was legally married, but the marriage has broken down and there was no divorce, and was in a new ‘durable’ relationsh­ip, the property rights would be maintained by the person in the marriage.

Mr Byrne said that ‘there’s a lot of people out there’ who have been separated from their husband or wife but who have not opted for divorce.

The junior minister insisted that ‘it was clearly not the case’ that the new partner who was not part of the old marriage would have any entitlemen­ts to property if their partner died without having gotten a divorce or changing their will.

Former attorney general and current senator Michael McDowell, who is one of the leading figures on the No side of the campaign, said Mr Byrne’s comments raised ‘exactly’ the kind of problems that may arise as a result of the Government’s proposed changes to the referendum.

He said: ‘How would the courts deal with an impoverish­ed woman who was party to a durable relationsh­ip that happened after the husband in a failed marriage, which was not dissolved by divorce, died and he had previously made a will leaving everything to his original wife who was in any event a very wealthy woman?’

‘Wills are revoked by marriage but not by starting a durable relationsh­ip. Would the durable relationsh­ip be recognised as constituti­ng a family and help give the impoverish­ed woman a right to challenge the effect of the man’s will? There is a hard case.’

He added: ‘Who knows how it would be resolved in a court dispute between the two women? Who knows how long the durable relationsh­ip would need to have lasted to give the impoverish­ed woman any basis for a claim?’

Government sources last night told this newspaper that ‘there is absolutely no change to succession rights arising from the referendum’. Aontu leader and TD for Meath West Peadar Toibin told the RTÉ programme that Mr Byrne’s remarks were ‘incredible’. ‘This is a startling revelation. Here we have the Fianna Fáil director of their referendum campaign admitting that a person can be in two constituti­onally marriage equivalent relationsh­ips with two different people at the same time. This has enormous legal and economic

‘Who knows how it would be resolved?’

consequenc­es for the partners and spouses of these relationsh­ips and for their children.’

‘Marriage revokes a will. Will a durable relationsh­ip revoke a will? If it does, when will a will be revoked? After 3 months, 9 months etc of that relationsh­ip? Which spouse and which children are entitled to the family home or farm when one parent is in a constituti­onally recognised relationsh­ip with two separate people?’

‘Will one of these families or both experience tax changes to their income? How will we know when we have new rights? Do people have to go to court? Do only people who can afford to go all the way to the Supreme Court have their rights upheld?’

He added: ‘The Constituti­on is the fundamenta­l legal document of Ireland. It contains the core rights of citizens and defines the responsibi­lities of the state.’

 ?? ?? Backing change: Thomas Byrne with and Fiona O’Loughlin and Norma Foley
Backing change: Thomas Byrne with and Fiona O’Loughlin and Norma Foley
 ?? ?? Questions: Michael McDowell
Questions: Michael McDowell

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