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Succession Act 1965

▸ Part 1 – Preliminary and general (ss 1-9)

Section 1 – Short title [SA 1965 s 1]
Section 2 – Commencement [SA 1965 s 2]
Section 3 – Interpretation [SA 1965 s 3]
Section 4 – Meaning of “real estate” and “estate or interest” [SA 1965 s 4]
Section 4A – Succession rights [SA 1965 s 4A]
Section 4B – Special provisions in relation to affected persons [SA 1965 s 4B]
Section 5 – Presumption of simultaneous death in cases of uncertainty [SA 1965 s 5]
Section 6 – Jurisdiction [SA 1965 s 6]
Section 7 – Expenses [SA 1965 s 7]
Section 8 – Repeals [SA 1965 s 8]
Section 9 – Savings [SA 1965 s 9]

▸ Part 2 – Devolution of real and personal estate on death (ss 10-15)

Section 10 – Devolution of real and personal estate [SA 1965 s 10]
Section 11 – Abolition of existing rules of descent, escheat, etc. [SA 1965 s 11]
Section 12 – Further assimilation of law respecting real and personal estates of deceased persons [SA 1965 s 12]
Section 13 – Vesting of estate between death and grant of administration [SA 1965 s 13]
Section 14 – Construction of references to estates of deceased persons [SA 1965 s 14]
Section 15 – Construction of references to heirs [SA 1965 s 15]

▸ Part 3 – Executors and administrators (ss 16-25)

Section 16 – Summons to executor to prove or renounce [SA 1965 s 16]
Section 17 – Cesser of right of executor to prove [SA 1965 s 17]
Section 18 – Withdrawal of renunciation [SA 1965 s 18]
Section 19 – Death of sole or last surviving executor [SA 1965 s 19]
Section 20 – Right of proving executors to exercise powers [SA 1965 s 20]
Section 21 – Executor not to act while administration is in force [SA 1965 s 21]
Section 22 – Protection of persons acting on probate or administration [SA 1965 s 22]
Section 23 – Liability of person fraudulently obtaining or retaining estate of deceased [SA 1965 s 23]
Section 24 – Liability of estate of personal representative [SA 1965 s 24]
Section 25 – Validity of conveyance not affected by revocation of representation [SA 1965 s 25]

▸ Part 4 – Grants of representation (ss 26-44)

Section 26 – Grants of probate [SA 1965 s 26]
Section 27 – Grants of administration [SA 1965 s 27]
Section 27A – Entitlement to grant of probate or administration [SA 1965 s 27A]
Section 28 – Representation of real and personal estate separately or together [SA 1965 s 28]
Section 29 – Power to grant representation where no estate [SA 1965 s 29]
Section 30 – Power to grant representation to a trust corporation [SA 1965 s 30]
Section 31 – Grant of special administration where personal representative is abroad [SA 1965 s 31]
Section 32 – Administration during minority of executor [SA 1965 s 32]
Section 33 – Continuance of legal proceedings after revocation of temporary administration [SA 1965 s 33]
Section 34 – Administration bonds [SA 1965 s 34]
Section 35 – Applications for grants and revocations [SA 1965 s 35]
Section 36 – Grants in district probate registries [SA 1965 s 36]
Section 37 – Second and subsequent grants [SA 1965 s 37]
Section 38 – Caveats [SA 1965 s 38]
Section 39 – Calendars of grants [SA 1965 s 39]
Section 40 – Copies of wills, etc., to be delivered to Revenue Commissioners [SA 1965 s 40]
Section 41 – Issue of grants of representation in case of Circuit Court decrees [SA 1965 s 41]
Section 42 – Deposit and inspection of wills and other documents [SA 1965 s 42]
Section 43 – Official copies of wills and grants [SA 1965 s 43]
Section 44 – Trial by jury of questions of fact [SA 1965 s 44]

▸ Part 5 – Administration of assets (ss 45-65)

Section 45 – Estate of deceased to be assets for payment of debts and legal right [SA 1965 s 45]
Section 46 – Administration of assets [SA 1965 s 46]
Section 47 – Charges on property of deceased to be paid primarily out of the property charged [SA 1965 s 47]
Section 48 – Causes of action surviving on death [SA 1965 s 48]
Section 49 – Distribution of assets after notice to creditors [SA 1965 s 49]
Section 50 – Powers of personal representatives to sell and to act as trustees [SA 1965 s 50]
Section 51 – Protection of purchasers [SA 1965 s 51]
Section 52 – General provisions as to assent or transfer by personal representatives [SA 1965 s 52]
Section 53 – Special provisions as to unregistered land [SA 1965 s 53]
Section 54 – Special provisions as to registered land [SA 1965 s 54]
Section 55 – Powers of personal representatives as to appropriation [SA 1965 s 55]
Section 56 – Right of surviving spouse to require dwelling and household chattels to be appropriated [SA 1965 s 56]
Section 57 – Appointment by personal representatives of trustees of infant's property [SA 1965 s 57]
Section 58 – Powers of trustees of infant's property [SA 1965 s 58]
Section 59 – Right to follow property [SA 1965 s 59]
Section 60 – Powers to deal with estate, etc [SA 1965 s 60]
Section 61 – Purchasers from personal representatives [SA 1965 s 61]
Section 62 – Time allowed for distribution [SA 1965 s 62]
Section 63 – Advancements to children to be brought into account [SA 1965 s 63]
Section 64 – Duty of personal representatives as to inventory [SA 1965 s 64]
Section 65 – Administration on behalf of the State [SA 1965 s 65]

▸ Part 6 – Distribution on intestacy (ss 66-75)

Section 66 – Rules for distribution on intestacy [SA 1965 s 66]
Section 67 – Shares of surviving spouse and issue [SA 1965 s 67]
Section 67A – Shares of surviving civil partner and issue [SA 1965 s 67A]
Section 67B – Share of issue where no surviving spouse or surviving civil partner [SA 1965 s 67B]
Section 68 – Shares of parents [SA 1965 s 68]
Section 69 – Shares of brothers and sisters and their children [SA 1965 s 69]
Section 69A – Share of relatives: special provision [SA 1965 s 69A]
Section 70 – Shares of next-of-kin [SA 1965 s 70]
Section 71 – Ascertainment of next-of-kin [SA 1965 s 71]
Section 72 – Half-blood [SA 1965 s 72]
Section 72A – Distribution of disclaimed estate [SA 1965 s 72A]
Section 73 – State as ultimate intestate successor [SA 1965 s 73]
Section 74 – Partial intestacy [SA 1965 s 74]
Section 75 – Construction of documents [SA 1965 s 75]

▸ Part 7 – Wills (ss 76-100)

Section 76 – Property which may be disposed of by will [SA 1965 s 76]
Section 77 – Capacity to make a will [SA 1965 s 77]
Section 78 – Signing and witnessing will [SA 1965 s 78]
Section 79 – Appointments by will [SA 1965 s 79]
Section 80 – Publication of will not necessary [SA 1965 s 80]
Section 81 – Will not void on account of incompetency of witness [SA 1965 s 81]
Section 82 – Gifts to an attesting witness, or spouse of witness, to be void [SA 1965 s 82]
Section 83 – Creditor attesting will charging estate with debts admissible as witness [SA 1965 s 83]
Section 84 – Executor admissible as witness [SA 1965 s 84]
Section 85 – Revocation of will [SA 1965 s 85]
Section 86 – Alterations in will after execution [SA 1965 s 86]
Section 87 – Revoked will not revived otherwise than by re-execution or codicil [SA 1965 s 87]
Section 88 – Subsequent conveyance or other act not to prevent operation of will [SA 1965 s 88]
Section 89 – Will to speak from death of testator [SA 1965 s 89]
Section 90 – Extrinsic evidence as to will [SA 1965 s 90]
Section 91 – Residuary devise or bequest to include estate comprised in lapsed and void gifts [SA 1965 s 91]
Section 92 – General devise of land to include leasehold as well as freehold [SA 1965 s 92]
Section 93 – General gift of realty or personalty to include property over which testator has general power of appointment [SA 1965 s 93]
Section 94 – Devise of real estate without words of limitation to pass whole estate [SA 1965 s 94]
Section 95 – Creation of estates tail [SA 1965 s 95]
Section 96 – Meaning of “die without issue” [SA 1965 s 96]
Section 97 – Devise of estate tail not to lapse where inheritable issue survives [SA 1965 s 97]
Section 98 – Gifts to children or other issue who leave issue living at testator's death [SA 1965 s 98]
Section 99 – Interpretation of devise or bequest in case of doubt [SA 1965 s 99]
Section 100 – Restriction on executory limitations [SA 1965 s 100]

▸ Part 8 – Conflict of laws relating to testamentary dispositions (ss 101-108)

Section 101 – Testamentary disposition [SA 1965 s 101]
Section 102 – Validity as regards form [SA 1965 s 102]
Section 103 – Dispositions made on board vessel or aircraft [SA 1965 s 103]
Section 104 – Exercise of power of appointment [SA 1965 s 104]
Section 105 – Joint dispositions [SA 1965 s 105]
Section 106 – Effect of restrictions on capacity [SA 1965 s 106]
Section 107 – Construction of testamentary disposition [SA 1965 s 107]
Section 108 – Effect of testamentary disposition under Part VII [SA 1965 s 108]

▸ Part 9 – Legal right of testator's spouse and provision for children (ss 109-119)

Section 109 – Application of Part IX [SA 1965 s 109]
Section 110 – Legitimated, illegitimate and adopted persons [SA 1965 s 110]
Section 111 – Right of surviving spouse [SA 1965 s 111]
Section 111A – Right of surviving civil partner (Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) [SA 1965 s 111A]
Section 112 – Priority of legal right [SA 1965 s 112]
Section 113 – Renunciation of legal right [SA 1965 s 113]
Section 113A – Renunciation of legal right (Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010) [SA 1965 s 113A]
Section 114 – Effect of devise or bequest to spouse [SA 1965 s 114]
Section 115 – Election between legal right and rights under a will and on partial intestacy [SA 1965 s 115]
Section 116 – Provision in satisfaction of legal right [SA 1965 s 116]
Section 117 – Provision for children [SA 1965 s 117]
Section 118 – Estate duty [SA 1965 s 118]
Section 119 – Proceedings to be in chambers [SA 1965 s 119]

▸ Part 10 – Unworthiness to succeed and disinheritance (ss 120-122)

Section 120 – Exclusion of persons from succession [SA 1965 s 120]
Section 121 – Dispositions for purpose of disinheriting spouse or children [SA 1965 s 121]
Section 122 – Proceedings to be in chambers [SA 1965 s 122]

▸ Part 11 – Limitation of actions (ss 123-127)

Section 123 – Personal representative, as such, not a trustee under Statute of Limitations, 1957 [SA 1965 s 123]
Section 124 – “Trustee” in Statute of Limitations, 1957, not to include a bailiff [SA 1965 s 124]
Section 125 – Persons entitled to shares in land [SA 1965 s 125]
Section 126 – Actions in respect of estates of deceased persons [SA 1965 s 126]
Section 127 – Limitation period in case of disability [SA 1965 s 127]

▸ Part 12 – Provisions Relating to probate office and district probate registries (ss 128-131)

Section 128 – Assistant Probate Officer [SA 1965 s 128]
Section 129 – District probate registries [SA 1965 s 129]
Section 130 – Fees to be taken at district probate registries [SA 1965 s 130]
Section 131 – Acting district probate registrars [SA 1965 s 131]

Schedule 1 Rules as to application of assets
Schedule 2 Repeals

Schedules

Schedules

Contents

Schedule 1 Rules as to application of assets Section commentary
Schedule 2 Repeals Section commentary

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