Succession Act 1965 section 65

Administration on behalf of the State

Section 65 sets out the rules that apply when the State takes on administration of a deceased person's estate, ensuring the State follows the same legal rules as any private individual would.

• When administration is granted for the benefit of the State, legal proceedings to recover the estate follow the same rules as if the administrator were a private individual beneficially entitled to a share.
• The State cannot bring or face legal proceedings in respect of a deceased person's estate on any different or more favourable basis than a private individual could.
• If the Chief State Solicitor acts as administrator and subsequently leaves office, the incoming Chief State Solicitor automatically becomes administrator without needing a new grant.
• These provisions ensure equal treatment between the State and private parties in estate administration and provide continuity of administration when officeholders change.

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