Succession Act 1965 section 41

Issue of grants of representation in case of Circuit Court decrees

Section 41 deals with the obligation of probate officials to act on Circuit Court decrees concerning the granting or revocation of representation (i.e. the legal authority to administer a deceased person's estate).

  • When the Circuit Court issues a decree for granting or revoking representation, the Probate Officer or district probate registrar must act on it.
  • The relevant official must issue the grant of representation upon application by the person entitled to it.
  • If representation has already been granted, the official must recall or vary it in line with the court decree.
  • The action taken β€” whether granting, recalling, or varying representation β€” must comply with the terms of the Circuit Court decree.

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