Ireland is unusual in a succession law context as despite being a common
law jurisdiction Irish succession law applies a comprehensive system of forced
heirship for spouses under the Succession Act 1965. However, despite the
strengths inherent in such a regime, shortcomings have emerged. This paper
considers the position of the surviving spouse who has been disinherited and
the challenges they face in Ireland in the application of the legal right share
towards the appropriation of the family home. In light of the difficulties
identified, the paper proposes a new and alternative approach based on the
provision of a preferential share representing a fixed monetary sum, subject to
limitations. The proposal is then tested from both a theoretical and practical
perspective. This paper concludes that the implementation of such a proposal,
as an alternative to the legal right share, would eradicate the most striking
weaknesses inherent in the current regime and should be afforded serious
consideration.