Reform of section 117 of the Succession Act 1965: implications and opportunities for the protection of surviving spouses

Two centuries have passed since Selleck Osborn (1782-1826) first cautioned: ‘What you leave at your death, let it be without controversy; else the lawyers will be your heirs.’1 Despite the passage of time, the value of the warning remains unchanged. In Ireland, the relatively frequent reliance placed on the discretionary family provision scheme applied under the Succession Act 1965 by children seeking to contest a deceased parent’s will is generating ever increasing controversy.2 Pursuant to section 117, a child may apply to the court for ‘proper provision’ where a testate parent has, in the opinion of the court, failed in their moral duty to make such provision for them.3