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No. 27/1965:
SUCCESSION ACT, 1965
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ARRANGEMENT OF SECTIONS
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PART I PRELIMINARY AND GENERAL
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1 Short title.
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2 Commencement.
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3 Interpretation.
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4 Meaning of "real estate" and "estate or interest".
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5 Presumption of simultaneous death in cases of uncertainty.
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6 Jurisdiction.
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7 Expenses.
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8 Repeals.
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9 Savings.
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PART II DEVOLUTION OF REAL AND PERSONAL ESTATE ON DEATH
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10 Devolution of real and personal estate.
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11 Abolition of existing rules of descent, escheat, etc.
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12 Further assimilation of law respecting real and personal estates of deceased persons.
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13 Vesting of estate between death and grant of administration.
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14 Construction of references to estates of deceased persons.
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15 Construction of references to heirs.
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PART III EXECUTORS AND ADMINISTRATORS
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16 Summons to executor to prove or renounce.
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17 Cesser of right of executor to prove.
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18 Withdrawal of renunciation.
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19 Death of sole or last surviving executor.
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20 Right of proving executors to exercise powers.
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21 Executor not to act while administration is in force.
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22 Protection of persons acting on probate or administration.
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23 Liability of person fraudulently obtaining or retaining estate of deceased.
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24 Liability of estate of personal representative.
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25 Validity of conveyance not affected by revocation of representation.
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PART IV GRANTS OF REPRESENTATION
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26 Grants of probate.
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27 Grants of administration.
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28 Representation of real and personal estate separately or together.
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29 Power to grant representation where no estate.
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30 Power to grant representation to a trust corporation.
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31 Grant of special administration where personal representative is abroad.
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32 Administration during minority of executor.
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33 Continuance of legal proceedings after revocation of temporary administration.
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34 Administration bonds.
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35 Applications for grants and revocations.
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36 Grants in district probate registries.
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37 Second and subsequent grants.
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38 Caveats.
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39 Calendars of grants.
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40 Copies of wills, etc., to be delivered to Revenue Commissioners.
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41 Issue of grants of representation in case of Circuit Court decrees.
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42 Deposit and inspection of wills and other documents.
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43 Official copies of wills and grants.
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44 Trial by jury of questions of fact.
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PART V ADMINISTRATION OF ASSETS
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45 Estate of deceased to be assets for payment of debts and legal right.
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46 Administration of assets.
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47 Charges on property of deceased to be paid property out of the property charged.
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48 Causes of action surviving on death.
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49 Distribution of assets after notice to creditors.
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50 Powers of personal representatives to sell and to act as trustees.
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51 Protection of purchasers.
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52 General provisions as to assent or transfer by personal representatives.
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53 Special provisions as to unregistered land.
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54 Special provisions as to registered land.
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55 Powers of personal representatives as to appropriation.
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56 Right of surviving spouse to require dwelling and household chattels to be appropriated.
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57 Appointment by, personal representatives of trustees of infant's property.
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58 Powers of trustees of infant's property.
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59 Right to follow property.
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60 Powers to deal with estate, etc.
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61 Purchasers from personal representatives.[Restates existing law: as to real estate, see 1959 (c. 35) s.17].
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62 Time allowed for distribution.
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63 Advancements to children to be brought into account.
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64 Duty of personal representatives as to inventory.
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65 Administration on behalf of the State.
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PART VI DISTRIBUTION ON INTESTACY
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66 Rules for distribution on intestacy.
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67 Shares of surviving spouse and issue.
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68 Shares of parents.
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69 Shares of brothers and sisters and their children.
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70 Shares of next-of-kin.
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71 Ascertainment of next-of-kin.
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72 Half-blood.
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73 State as ultimate intestate successor.
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74 Partial intestacy.
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75 Construction of documents.
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PART VII WILLS
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76 Property which may be disposed of by will.
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77 Capacity to make a will.
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78 Signing and witnessing will.
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79 Appointments by will.
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80 Publication of will not necessary.
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81 Will not void on account of incompetency of witness.
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82 Gifts to an attesting witness or spouse of witness, to be void.
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83 Creditor attesting will charging estate with debts admissible as witness.
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84 Executor admissible as witness.
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85 Revocation of will.
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86 Alterations in will after execution.
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87 Revoked will not revived otherwise than by re-execution or codicil.
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88 Subsequent conveyance or other act not to prevent operation of will.
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89 Will to speak from death of testator.
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90 Extrinsic evidence as to will.
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91 Residuary devise or bequest to include estate comprised in lapsed and void gifts.
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92 General devise of land to include leasehold as well as freehold.
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93 General gift of realty or personality to include property over which testator has general power of appointment.
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94 Devise of real estate without words of limitation to pass whole estate.
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95 Creation of estates tail.
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96 Meaning of "die without issue".
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97 Devise of estate tall not to lapse where inheritable issue survives.
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98 Gifts to children or other issue who leave issue living at testator's death.
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99 Interpretation of devise or bequest in case of doubt.
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100 Restriction on executory limitations.
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PART VIII CONFLICT OF LAWS RELATING TO TESTAMENTARY DISPOSITIONS
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101 "Testamentary disposition".
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102 Validity as regards form.
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103 Dispositions made on board vessel or aircraft.
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104 Exercise of power of appointment.
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105 Joint dispositions.
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106 Effect of restrictions on capacity.
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107 Construction of testamentary disposition.
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108 Effect of testamentary disposition under Part VII.
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PART IX LEGAL RIGHT OF TESTATOR'S SPOUSE AND PROVISION FOR CHILDREN
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109 Application of Part IX.
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110 Legitimated, illegitimate and adopted persons.
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111 Right of surviving spouse.
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112 Priority of legal right.
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113 Renunciation of legal right.
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114 Effect of devise or bequest to spouse.
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115 Election between legal right and rights under a will and on partial intestacy.
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116 Provision in satisfaction of legal right.
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117 Provision for children.
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118 Estate duty.
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119 Proceedings to be in chambers.
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PART X UNWORTHINESS TO SUCCEED AND DISINHERITANCE
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120 Exclusion of persons from succession.
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121 Dispositions for purpose of disinheriting spouse or children.
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122 Proceedings to be in chambers.
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PART XI LIMITATION OF ACTIONS
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123 Personal representative, as such, not a trustee under Statute of Limitations, 1957.
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124 "Trustee" in Statute of Limitations, 1957, not to include a bailiff.
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125 Persons entitled to shares in land.
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126 Actions in respect of estates of deceased persons.
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127 Limitation period in case of disability.
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PART XII PROVISIONS RELATING TO PROBATE OFFICE AND DISTRICT PROBATE REGISTRIES
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128 Assistant Probate Officer.
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129 District probate registries.
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130 Fees to be taken at district probate registries.
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131 Acting district probate registrars.
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FIRST SCHEDULE
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SECOND SCHEDULE
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AN ACT TO REFORM THE LAW RELATING TO SUCCESSION TO THE PROPERTY OF DECEASED PERSONS AND, IN PARTICULAR, THE DEVOLUTION, ADMINISTRATION, TESTAMENTARY DISPOSITION AND DISTRIBUTION ON INTESTACY OF SUCH PROPERTY, AND TO PROVIDE FOR RELATED MATTERS.
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[22nd December. 1965.]
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
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