Consular Conventions Act, 1954

Grants of representation to consular officers.

3.—(1) Where—

(a) a national of a consular convention country, not resident in the State, is named as executor of a will under which property situate in the State is disposed of or is a person to whom a grant of administration to an estate in the State may be made, and

(b) no application for a grant of representation has been made by a person authorised to act for the national,

the Court may, on the application of a consular officer of that country, make a grant of representation to the consular officer as if he were so authorised.

(2) A grant of administration made by virtue of this section may be made to the consular officer by his official title, and to his successors in office; and where a grant is so made, the office of administrator, and all the estate, rights, duties and liabilities of the administrator (including liabilities under the administration bond) shall be vested in and imposed on the person for the time being holding the office, and no fresh grant shall be required by reason only of the death or vacation of office of the person to whom the grant was made or in whom it is so vested.

(3) Sureties shall not be required to an administration bond given by a consular officer upon the issue of a grant of administration under this section.

(4) Without prejudice to the generality of its powers, the Court may, if it thinks fit, postpone the making of a grant of administration by virtue of this section for such time as it thinks necessary to enable the national to be informed of the proposed grant and to decide whether he desires to be represented otherwise than by the consular officer.

(5) This section shall not affect any limitation contained in the grant or any power of the Court to revoke the grant.