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.