(e) subject to the provisions of the Registration of Deeds Act, 1707, be deemed (unless a contrary intention appears therein) for all purposes necessary to establish the title of the person entitled to intervening rents and profits to relate back to the death of the deceased, but nothing in this paragraph shall operate to enable any person to establish a title inconsistent with the will of the deceased. Permanent
(a) the effect of representation as respects personal estate. 54.—(1) An assent or transfer made by a personal representative in respect of registered land shall be in the form required under
Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies. Personal representative, as such, not a trustee under Statute of Limitations, 1957. be it enacted by the oireachtas as follows:— part i. preliminary and general 72.—Relatives of the half-blood shall be treated as, and shall succeed equally with, relatives of the whole blood in the same degree.
(4) Where by reason of any special circumstances it appears to the High Court (or, in a case within the jurisdiction of the Circuit Court, that Court) to be necessary or expedient to do so, the Court may order that administration be granted to such person as it thinks fit.
(b) This subsection shall not apply where the surviving spouse is a personal representative. (16) This section applies whether the deceased died intestate or not, and whether before or after the commencement of this Act, and extends to property over which a testator exercises a general power of appointment, and authorises the setting apart of a fund to answer an annuity by means of the income of that fund or otherwise. 29.—The High Court shall have jurisdiction to make a grant of representation in respect of a deceased person, notwithstanding that the deceased left no estate in the State, and to make a de bonis non or other form of grant in respect of unadministered estate, notwithstanding that there is no unadministered estate of the deceased in the State. (4) Rules of court shall provide for the conduct of proceedings under this section in a summary manner. 243]. The following provisions shall also apply—. , or otherwise. 94.—Where real estate is devised to a person (including a trustee or executor) without any words of limitation, the devise shall be construed to pass the whole estate or interest which the testator had power to dispose of by will in the real estate, unless a contrary intention appears from the will.
57.—(1) Where an infant is entitled to any share in the estate of a deceased person and there are no trustees of such share able and willing to act, the personal representatives of the deceased may appoint a trust corporation or any two or more persons (who may include the personal representatives or any of them or a trust corporation) to be trustees of such share for the infant and may execute such assurance or take such other action as may be necessary for vesting the share in the trustee so appointed.
. (2) If an intestate dies leaving a spouse and issue—, (a) the spouse shall take two-thirds of the estate, and. Liability of estate of personal representative. 130.—(1) In this section, “the Act of 1936” means the (e) so far as immovables are concerned, of the place where they are situated.
(11) All proceedings in relation to this section shall be heard in chambers. (2) (a) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person, and shall not be exercisable where the estate is insolvent.
(2) Representation shall not be granted to any person on behalf of a trust corporation. Spouses’ Rights under the Succession Act, 1965.
(7) The personal representatives may distrain for arrears of a rentcharge due or accruing to the deceased in his lifetime on the land affected or charged therewith, so long as the land remains in the possession of the person liable to pay the rentcharge or of the persons deriving title under him, and in like manner as the deceased might have done had he been living. Order of application of assets where the estate is solvent. Rules as to payment of debts where the estate is insolvent, [New as to estates administered out of court]. (4) The references in this section to the real and personal estate of a deceased person are to property to which he was entitled for an estate or interest not ceasing on his death, and include property over which he exercised by will a general power of appointment. [Restates existing law: as to real estate, see 1859 (c. 35) s. 17]. (b) in the interest of a child, on an application under section 117. 90.—Extrinsic evidence shall be admissible to show the intention of the testator and to assist in the construction of, or to explain any contradiction in, a will.
(a) within six months after the termination of the lease or tenancy; (b) during the continuance of the possession of the lessee or tenant from whom the arrears were due. 108.—A testamentary disposition which under this Part is valid as regards form shall have the same effect as if it were a will executed in compliance with Part VII. Up to then, Irish citizens could apportion their estate as they wished without regard to the needs of their spouse or family. (6) Sureties to administration bonds shall not be required when the grant is made to a trust corporation.
92.—A general devise of land shall be construed to include leasehold interests as well as freehold estates, unless a contrary intention appears from the will. Succession Act, 1965 120.—(1) A sane person who has been guilty of the murder, attempted murder or manslaughter of another shall be precluded from taking any share in the estate of that other, except a share arising under a will made after the act constituting the offence, and shall not be entitled to make an application under section 117. Based on McGuire's seminal 1967 work, this fifth edition examines the Succession Act 1965 in detail and examines other related legislation which impacts upon succession. 8.—The enactments mentioned in the Second Schedule are hereby repealed to the extent specified in the third column. (5) The costs in the proceedings shall be at the discretion of the court.
Conflict of Laws relating to Testamentary Dispositions. (13) This section does not prejudice any other power of appropriation conferred by law or by the will, if any, of the deceased, and takes effect with any extended powers conferred by the will, if any, of the deceased, and, where an appropriation is made under this section, in respect of a settled share, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management or varying investments which would have been applicable thereto or to the share in respect of which the appropriation is made, if no such appropriation had been made. (3) Any officer authorised for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the Court may require with a view to the grant to the corporation of representation, and the acts of an officer so authorised shall be binding on the corporation. Part 3 Executors and Administrators (ss 16-25). In section 47, from “and in the case of” to the end of the section. . (3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person—, (a) in so far as it consists of personal estate, exceeds at the time of his death in amount or value £5,000, exclusive of what he may have been entitled to as trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, and. 110.—In deducing any relationship for the purposes of this Part, the provisions of the This website uses cookies, by continuing you agree to their use. Section 32 (2) The court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children. (3) Where land is settled by will and there are no trustees of the settlement, the personal representatives proving the will shall for all purposes be deemed to be trustees of the settlement until trustees of the settlement are appointed, but a sole personal representative shall not be deemed to be a trustee for the purposes of the Settled Land Acts, 1882 to 1890, until at least one other trustee is appointed. (3) An order under this section shall not affect the legal right of a surviving spouse or, if the surviving spouse is the mother or father of the child, any devise or bequest to the spouse or any share to which the spouse is entitled on intestacy.
Further assimilation of law respecting real and personal estates of deceased persons. Charges on property of deceased to be paid primarily out of the property charged. (5) Where the surviving spouse is a person of unsound mind, the right of election conferred by this section may, if there is a committee of the spouse's estate, be exercised on behalf of the spouse by the committee by leave of the court which has appointed the committee or, if there is no committee, be exercised by the High Court or, in a case within the jurisdiction of the Circuit Court, by that Court.
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(4) Where by reason of any special circumstances it appears to the High Court (or, in a case within the jurisdiction of the Circuit Court, that Court) to be necessary or expedient to do so, the Court may order that administration be granted to such person as it thinks fit.
(b) This subsection shall not apply where the surviving spouse is a personal representative. (16) This section applies whether the deceased died intestate or not, and whether before or after the commencement of this Act, and extends to property over which a testator exercises a general power of appointment, and authorises the setting apart of a fund to answer an annuity by means of the income of that fund or otherwise. 29.—The High Court shall have jurisdiction to make a grant of representation in respect of a deceased person, notwithstanding that the deceased left no estate in the State, and to make a de bonis non or other form of grant in respect of unadministered estate, notwithstanding that there is no unadministered estate of the deceased in the State. (4) Rules of court shall provide for the conduct of proceedings under this section in a summary manner. 243]. The following provisions shall also apply—. , or otherwise. 94.—Where real estate is devised to a person (including a trustee or executor) without any words of limitation, the devise shall be construed to pass the whole estate or interest which the testator had power to dispose of by will in the real estate, unless a contrary intention appears from the will.
57.—(1) Where an infant is entitled to any share in the estate of a deceased person and there are no trustees of such share able and willing to act, the personal representatives of the deceased may appoint a trust corporation or any two or more persons (who may include the personal representatives or any of them or a trust corporation) to be trustees of such share for the infant and may execute such assurance or take such other action as may be necessary for vesting the share in the trustee so appointed.
. (2) If an intestate dies leaving a spouse and issue—, (a) the spouse shall take two-thirds of the estate, and. Liability of estate of personal representative. 130.—(1) In this section, “the Act of 1936” means the (e) so far as immovables are concerned, of the place where they are situated.
(11) All proceedings in relation to this section shall be heard in chambers. (2) (a) The right of retainer of a personal representative and his right to prefer creditors may be exercised in respect of all assets of the deceased, but the right of retainer shall only apply to debts owing to the personal representative in his own right whether solely or jointly with another person, and shall not be exercisable where the estate is insolvent.
(2) Representation shall not be granted to any person on behalf of a trust corporation. Spouses’ Rights under the Succession Act, 1965.
(7) The personal representatives may distrain for arrears of a rentcharge due or accruing to the deceased in his lifetime on the land affected or charged therewith, so long as the land remains in the possession of the person liable to pay the rentcharge or of the persons deriving title under him, and in like manner as the deceased might have done had he been living. Order of application of assets where the estate is solvent. Rules as to payment of debts where the estate is insolvent, [New as to estates administered out of court]. (4) The references in this section to the real and personal estate of a deceased person are to property to which he was entitled for an estate or interest not ceasing on his death, and include property over which he exercised by will a general power of appointment. [Restates existing law: as to real estate, see 1859 (c. 35) s. 17]. (b) in the interest of a child, on an application under section 117. 90.—Extrinsic evidence shall be admissible to show the intention of the testator and to assist in the construction of, or to explain any contradiction in, a will.
(a) within six months after the termination of the lease or tenancy; (b) during the continuance of the possession of the lessee or tenant from whom the arrears were due. 108.—A testamentary disposition which under this Part is valid as regards form shall have the same effect as if it were a will executed in compliance with Part VII. Up to then, Irish citizens could apportion their estate as they wished without regard to the needs of their spouse or family. (6) Sureties to administration bonds shall not be required when the grant is made to a trust corporation.
92.—A general devise of land shall be construed to include leasehold interests as well as freehold estates, unless a contrary intention appears from the will. Succession Act, 1965 120.—(1) A sane person who has been guilty of the murder, attempted murder or manslaughter of another shall be precluded from taking any share in the estate of that other, except a share arising under a will made after the act constituting the offence, and shall not be entitled to make an application under section 117. Based on McGuire's seminal 1967 work, this fifth edition examines the Succession Act 1965 in detail and examines other related legislation which impacts upon succession. 8.—The enactments mentioned in the Second Schedule are hereby repealed to the extent specified in the third column. (5) The costs in the proceedings shall be at the discretion of the court.
Conflict of Laws relating to Testamentary Dispositions. (13) This section does not prejudice any other power of appropriation conferred by law or by the will, if any, of the deceased, and takes effect with any extended powers conferred by the will, if any, of the deceased, and, where an appropriation is made under this section, in respect of a settled share, the property appropriated shall remain subject to all trusts for sale and powers of leasing, disposition and management or varying investments which would have been applicable thereto or to the share in respect of which the appropriation is made, if no such appropriation had been made. (3) Any officer authorised for the purpose by a trust corporation or the directors or governing body thereof may, on behalf of the corporation, swear affidavits, give security and do any other act or thing which the Court may require with a view to the grant to the corporation of representation, and the acts of an officer so authorised shall be binding on the corporation. Part 3 Executors and Administrators (ss 16-25). In section 47, from “and in the case of” to the end of the section. . (3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person—, (a) in so far as it consists of personal estate, exceeds at the time of his death in amount or value £5,000, exclusive of what he may have been entitled to as trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, and. 110.—In deducing any relationship for the purposes of this Part, the provisions of the This website uses cookies, by continuing you agree to their use. Section 32 (2) The court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children. (3) Where land is settled by will and there are no trustees of the settlement, the personal representatives proving the will shall for all purposes be deemed to be trustees of the settlement until trustees of the settlement are appointed, but a sole personal representative shall not be deemed to be a trustee for the purposes of the Settled Land Acts, 1882 to 1890, until at least one other trustee is appointed. (3) An order under this section shall not affect the legal right of a surviving spouse or, if the surviving spouse is the mother or father of the child, any devise or bequest to the spouse or any share to which the spouse is entitled on intestacy.
Further assimilation of law respecting real and personal estates of deceased persons. Charges on property of deceased to be paid primarily out of the property charged. (5) Where the surviving spouse is a person of unsound mind, the right of election conferred by this section may, if there is a committee of the spouse's estate, be exercised on behalf of the spouse by the committee by leave of the court which has appointed the committee or, if there is no committee, be exercised by the High Court or, in a case within the jurisdiction of the Circuit Court, by that Court.
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