1.— This Act may be cited as the Land and Conveyancing Law Reform Act 2009.

This copy can be used in the FE1 Exams 

SUCCESSION ACT, 1965

AN ACT TO REFORM THE LAW RELATING TO SUCCESSION TO THE PROPERTY OF DECEASED PERSONS AND, IN PARTICULAR, THE DEVOLUTION, ADMINISTRATION, TESTAMENTARY DISPOSITION AND DISTRIBUTION ON INTESTACY OF SUCH PROPERTY, AND TO PROVIDE FOR RELATED MATTERS. [22nd December, 1965.]

SUCCESSION ACT, 1965

ARRANGEMENT OF SECTIONS

Part I

Preliminary and General

Section

1.

Short title.

2.

Commencement.

3.

Interpretation.

4.

Meaning of “real estate” and “estate or interest”.

5.

Presumption of simultaneous death in cases of uncertainty.

6.

Jurisdiction.

7.

Expenses.

8.

Repeals.

9.

Savings.

Part II

Devolution of Real and Personal Estate on Death

10.

Devolution of real and personal estate.

11.

Abolition of existing rules of descent, escheat, etc.

12.

Further assimilation of law respecting real and personal estates of deceased persons.

13.

Vesting of estate between death and grant of administration.

14.

Construction of references to estates of deceased persons.

15.

Construction of references to heirs.

Part III

Executors and Administrators

16.

Summons to executor to prove or renounce.

17.

Cesser of right of executor to prove.

18.

Withdrawal of renunciation.

19.

Death of sole or last surviving executor.

20.

Right of proving executors to exercise powers.

21.

Executor not to act while administration is in force.

22.

Protection of persons acting on probate or administration.

23.

Liability of person fraudulently obtaining or retaining estate of deceased.

24.

Liability of estate of personal representative.

25.

Validity of conveyance not affected by revocation of representation.

Part IV

Grants of Representation

26.

Grants of probate.

27.

Grants of administration.

28.

Representation of real and personal estate separately or together.

29.

Power to grant representation where no estate.

30.

Power to grant representation to a trust corporation.

31.

Grant of special administration where personal representative is abroad.

32.

Administration during minority of executor.

33.

Continuance of legal proceedings after revocation of temporary administration.

34.

Administration bonds.

35.

Applications for grants and revocations.

36.

Grants in district probate registries.

37.

Second and subsequent grants.

38.

Caveats.

39.

Calendars of grants.

40.

Copies of wills, etc., to be delivered to Revenue Commissioners.

41.

Issue of grants of representation in case of Circuit Court decrees.

42.

Deposit and inspection of wills and other documents.

43.

Official copies of wills and grants.

44.

Trial by jury of questions of fact.

Part V

Administration of Assets

45.

Estate of deceased to be assets for payment of debts and legal right.

46.

Administration of assets.

47.

Charges on property of deceased to be paid primarily out of the property charged.

48.

Causes of action surviving on death.

49.

Distribution of assets after notice to creditors.

50.

Powers of personal representatives to sell and to act as trustees.

51.

Protection of purchasers.

52.

General provisions as to assent or transfer by personal representatives.

53.

Special provisions as to unregistered land.

54.

Special provisions as to registered land.

55.

Powers of personal representatives as to appropriation.

56.

Right of surviving spouse to require dwelling and household chattels to be appropriated.

57.

Appointment by personal representatives of trustees of infant's property.

58.

Powers of trustees of infant's property.

59.

Right to follow property.

60.

Powers to deal with estate, etc.

61.

Purchasers from personal representatives.

62.

Time allowed for distribution.

63.

Advancements to children to be brought into account.

64.

Duty of personal representatives as to inventory.

65.

Administration on behalf of the State.

Part VI

Distribution on Intestacy

66.

Rules for distribution on intestacy.

67.

Shares of surviving spouse and issue.

68.

Shares of parents.

69.

Shares of brothers and sisters and their children.

70.

Shares of next-of-kin.

71.

Ascertainment of next-of-kin.

72.

Half-blood.

73.

State as ultimate intestate successor.

74.

Partial intestacy.

75.

Construction of documents.

Part VII

Wills

76.

Property which may be disposed of by will.

77.

Capacity to make a will.

78.

Signing and witnessing will.

79.

Appointments by will.

80.

Publication of will not necessary.

81.

Will not void on account of incompetency of witness.

82.

Gifts to an attesting witness, or spouse of witness, to be void.

83.

Creditor attesting will charging estate with debts admissible as witness.

84.

Executor admissible as witness.

85.

Revocation of will.

86.

Alterations in will after execution.

87.

Revoked will not revived otherwise than by re-execution or codicil.

88.

Subsequent conveyance or other act not to prevent operation of will.

89.

Will to speak from death of testator.

90.

Extrinsic evidence as to will.

91.

Residuary devise or bequest to include estate comprised in lapsed and void gifts.

92.

General devise of land to include leasehold as well as freehold.

93.

General gift of realty or personalty to include property over which testator has general power of appointment.

94.

Devise of real estate without words of limitation to pass whole estate.

95.

Creation of estates tail.

96.

Meaning of “die without issue”.

97.

Devise of estate tail not to lapse where inheritable issue survives.

98.

Gifts to children or other issue who leave issue living at testator's death.

99.

Interpretation of devise or bequest in case of doubt.

100.

Restriction on executory limitations.

Part VIII

Conflict of Laws Relating to Testamentary Dispositions

101.

“Testamentary disposition”.

102.

Validity as regards form.

103.

Dispositions made on board vessel or aircraft.

104.

Exercise of power of appointment.

105.

Joint dispositions.

106.

Effect of restrictions on capacity.

107.

Construction of testamentary disposition.

108.

Effect of testamentary disposition under Part VII.

Part IX

Legal Right of Testator's Spouse and Provision for Children

109.

Application of Part IX.

110.

Legitimated, illegitimate and adopted persons.

111.

Right of surviving spouse.

112.

Priority of legal right.

113.

Renunciation of legal right.

114.

Effect of devise or bequest to spouse.

115.

Election between legal right and rights under a will and on partial intestacy.

116.

Provision in satisfaction of legal right.

117.

Provision for children.

118.

Estate duty.

119.

Proceedings to be in chambers.

Part X

Unworthiness to Succeed and Disinheritance

120.

Exclusion of persons from succession.

121.

Dispositions for purpose of disinheriting spouse or children.

122.

Proceedings to be in chambers.

Part XI

Limitation of Actions

123.

Personal representative, as such, not a trustee under Statute of Limitations, 1957.

124.

“Trustees” in Statute of Limitations, 1957, not to include a bailiff.

125.

Persons entitled to shares in land.

126.

Actions in respect of estates of deceased persons.

127.

Limitation period in case of disability.

Part XII

Provisions Relating to Probate Office and District Probate Registries

128.

Assistant Probate Officer.

129.

District probate registries.

130.

Fees to be taken at district probate registries.

131.

Acting district probate registrars.

FIRST SCHEDULE

Rules as to Application of Assets

SECOND SCHEDULE

Repeals

Acts Referred to

Associated Bank under the Central Bank Act, 1942

1942, No. 22

Companies Act, 1963

1963, No. 33

Bodies Corporate (Executors and Administrators) Act, 1928

1928, No. 9

Public Records (Ireland) Act, 1867

1867, c. 70

Civil Liability Act, 1961

1961, No. 41

Statute of Limitations, 1957

1957, No. 6

Registration of Title Act, 1964

1964, No. 16

Registration of Deeds Act, 1707

1707, c. 2

Conveyancing Act, 1881

1881, c. 41

Rent Restrictions Act, 1960

1960, No. 42

State Property Act, 1954

1954, No. 25

Intestates' Estates Act, 1954

1954, No. 12

Legitimacy Act, 1931

1931, No. 13

Adoption Act, 1952

1952, No. 25

Courts of Justice Act, 1936

1936, No. 48

Court Officers Act, 1926

1926, No. 27

Administration of Estates Act, 1959

1959, No. 8

Court Officers Act, 1945

1945, No. 25

Court Officers Act, 1951

1951, No. 8