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Version status: In force | Document consolidation status: Updated to reflect all known changes
Published date: 22 December 1965

Succession Act, 1965 (No. 27)

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Introductory Text
Acts Referred to
Part I Preliminary and General (ss. 1-9)
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1. Short title.
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2. Commencement.
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3. Interpretation.
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4. Meaning of "real estate" and "estate or interest".
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4A. Succession rights.
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4B. Special provisions in relation to affected persons.
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5. Presumption of simultaneous death in cases of uncertainty.
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6. Jurisdiction.
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7. Expenses.
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8. Repeals.
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9. Savings.
Part II Devolution of Real and Personal Estate on Death (ss. 10-15)
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10. Devolution of real and personal estate.
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11. Abolition of existing rules of descent, escheat, etc.
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12. Further assimilation of law respecting real and personal estates of deceased persons.
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13. Vesting of estate between death and grant of administration.
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14. Construction of references to estates of deceased persons.
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15. Construction of references to heirs.
Part III Executors and Administrators (ss. 16-25)
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16. Summons to executor to prove or renounce.
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17. Cesser of right of executor to prove.
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18. Withdrawal of renunciation.
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19. Death of sole or last surviving executor.
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20. Right of proving executors to exercise powers.
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21. Executor not to act while administration is in force.
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22. Protection of persons acting on probate or administration.
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23. Liability of person fraudulently obtaining or retaining estate of deceased.
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24. Liability of estate of personal representative.
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25. Validity of conveyance not affected by revocation of representation.
Part IV Grants of Representation (ss. 26-44)
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26. Grants of probate.
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27. Grants of administration.
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27A. Entitlement to grant of probate or administration.
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28. Representation of real and personal estate separately or together.
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29. Power to grant representation where no estate.
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30. Power to grant representation to a trust corporation.
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31. Grant of special administration where personal representative is abroad.
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32. Administration during minority of executor.
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33. Continuance of legal proceedings after revocation of temporary administration.
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34. Administration bonds.
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35. Applications for grants and revocations.
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36. Grants in district probate registries.
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37. Second and subsequent grants.
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38. Caveats.
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39. Calendars of grants.
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40. Copies of wills, etc., to be delivered to Revenue Commissioners.
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41. Issue of grants of representation in case of Circuit Court decrees.
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42. Deposit and inspection of wills and other documents.
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43. Official copies of wills and grants.
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44. Trial by jury of questions of fact.
Part V Administration of Assets (ss. 45-65)
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45. Estate of deceased to be assets for payment of debts and legal right.
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46. Administration of assets.
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47. Charges on property of deceased to be paid primarily out of the property charged.
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48. Causes of action surviving on death.
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49. Distribution of assets after notice to creditors.
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50. Powers of personal representatives to sell and to act as trustees.
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51. Protection of purchasers.
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52. General provisions as to assent or transfer by personal representatives.
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53. Special provisions as to unregistered land.
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54. Special provisions as to registered land.
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55. Powers of personal representatives as to appropriation.
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56. Right of surviving spouse or civil partner to require dwelling and household chattels to be appropriated.
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57. Appointment by personal representatives of trustees of infant's property.
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58. Powers of trustees of infant's property.
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59. Right to follow property.
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60. Powers to deal with estate, etc.
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61. Purchasers from personal representatives.
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62. Time allowed for distribution.
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63. Advancements to children to be brought into account.
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64. Duty of personal representatives as to inventory.
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65. Administration on behalf of the State.
Part VI Distribution on Intestacy (ss. 66-75)
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66. Rules for distribution on intestacy.
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67. Shares of surviving spouse and issue.
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67A. Shares of surviving civil partner and issue.
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67B. Share of issue where no surviving spouse or surviving civil partner.
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68. Shares of parents.
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69. Shares of brothers and sisters and their children.
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69A. Share of relatives: special provision.
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70. Shares of next-of-kin.
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71. Ascertainment of next-of-kin.
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72. Half-blood.
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72A. Distribution of disclaimed estate.
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73. State as ultimate intestate successor.
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74. Partial intestacy.
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75. Construction of documents.
Part VII Wills (ss. 76-100)
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76. Property which may be disposed of by will.
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77. Capacity to make a will.
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78. Signing and witnessing will.
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79. Appointments by will.
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80. Publication of will not necessary.
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81. Will not void on account of incompetency of witness.
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82. Gifts to an attesting witness, or spouse of witness, to be void.
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83. Creditor attesting will charging estate with debts admissible as witness.
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84. Executor admissible as witness.
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85. Revocation of will.
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86. Alterations in will after execution.
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87. Revoked will not revived otherwise than by re-execution or codicil.
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88. Subsequent conveyance or other act not to prevent operation of will.
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89. Will to speak from death of testator.
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90. Extrinsic evidence as to will.
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91. Residuary devise or bequest to include estate comprised in lapsed and void gifts.
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92. General devise of land to include leasehold as well as freehold.
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93. General gift of realty or personalty to include property over which testator has general power of appointment.
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94. Devise of real estate without words of limitation to pass whole estate.
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95. Creation of estates tail.
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96. Meaning of "die without issue".
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97. Devise of estate tail not to lapse where inheritable issue survives.
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98. Gifts to children or other issue who leave issue living at testator's death.
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99. Interpretation of devise or bequest in case of doubt.
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100. Restriction on executory limitations.
Part VIII Conflict of Laws relating to Testamentary Dispositions (ss. 101-108)
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101. "Testamentary disposition".
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102. Validity as regards form.
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103. Dispositions made on board vessel or aircraft.
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104. Exercise of power of appointment.
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105. Joint dispositions.
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106. Effect of restrictions on capacity.
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107. Construction of testamentary disposition.
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108. Effect of testamentary disposition under Part VII.
Part IX Legal Right of Testator's Spouse and Provision for Children (ss. 109-119)
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109. Application of Part IX.
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110. Legitimated, illegitimate and adopted persons.
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111. Right of surviving spouse.
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111A. Right of surviving civil partner.
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112. Priority of legal right.
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113. Renunciation of legal right.
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113A. Renunciation of legal right.
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114. Effect of devise or bequest to spouse or civil partner.
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115. Election between legal right and rights under a will and on partial intestacy.
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116. Provision in satisfaction of legal right.
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117. Provision for children.
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118. Estate duty.
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119. Proceedings to be in chambers.
Part X Unworthiness to Succeed and Disinheritance (ss. 120-122)
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120. Exclusion of persons from succession.
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121. Dispositions for purpose of disinheriting spouse or children.
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122. Proceedings to be in chambers.
Part XI Limitation of Actions (ss. 123-127)
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123. Personal representative, as such, not a trustee under Statute of Limitations, 1957.
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124. "Trustee" in Statute of Limitations, 1957, not to include a bailiff.
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125. Persons entitled to shares in land.
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126. Actions in respect of estates of deceased persons.
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127. Limitation period in case of disability.
Part XII Provisions relating to Probate Office and District Probate Registries (ss. 128-131)
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128. Assistant Probate Officer.
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129. District probate registries.
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130. Fees to be taken at district probate registries.
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131. Acting district probate registrars.
First Schedule - Rules as to Application of Assets
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First Schedule, Part I Rules as to payment of debts where the estate is insolvent
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First Schedule, Part II Order of application of assets where the estate is solvent
Second Schedule - Repeals
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Second Schedule, Part I English Statutes
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Second Schedule, Part II Pre-Union Irish Statutes
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Second Schedule, Part III British Statutes
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Second Schedule, Part IV Statutes of Saorstát Éireann and of the Oireachtas