Succession Act 1965 section 35

Applications for grants and revocations

Section 35 sets out where and how applications for the grant or revocation of representation (such as grants of probate or letters of administration) may be made.

  • Applications may be made to the Probate Office or the district probate registry covering the area where the deceased had a fixed place of abode at the time of death.
  • Applications can be made either in person or through a solicitor.
  • Where a contentious matter arises from an application to the Probate Office, the High Court may transfer it to the Circuit Court for the circuit where the deceased lived at the time of death.
  • The right to make a personal application has existed since 1879 under the Probate Rules and is currently provided for under the Rules of the Superior Courts.

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