The right to appropriate the family home: a proposal for reform

Throughout the world the home is considered an asset of major importance in most people s lives. In Ireland, in particular, the family home is the subject of important legislative safeguards and arguably the most robust legislative protection for the Irish family home arises under the Irish succession law regime. However, it is argued that the provisions of the Succession Act 1965 which seek to protect surviving, non-owning, spouses in the family home following the death of the owner spouse ought to be reviewed to ensure their continued effectiveness. This article considers the practical effect of the provisions governing the appropriation of the family home in Ireland pursuant to the Succession Act 1965. The difficulties which arise in appropriating a family home which is located on agricultural land are highlighted. The article investigates how these shortcomings could be effectively resolved by legislative reform. Among its proposals for reform, it argues that the introduction of a statutory right of residence in certain circumstances would ameliorate the situation for vulnerable surviving spouses.