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S.I. No. 77/1978 - Circuit Court Rules (No. 1), 1978.

S.I. No. 77 of 1978.

CIRCUIT COURT RULES (NO. 1), 1978.

We, the Circuit Court Rules Committee, constitued pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred upon us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 , and Section 27 of the Courts (Supplemental Provisions) Act, 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 12th day of December, 1977.

Thomas J. Neylon

P. Noel Ryan

Ernest J. Margetson

Michael Moriarty

Michael T. Neary, Secretary

I concur in the making of the annexed Rules of Court.

Dated this 9th day of March, 1978.

GERARD COLLINS.

Minister for Justice.

CIRCUIT COURT RULES (NO. 1), 1978.

These Rules, which may be cited as the Circuit Court Rules (No. 1), 1978, shall come into operation on the 15th day of March, 1978. The Order referred to in these Rules as being amended, is that contained in the Circuit Court Rules, 1950.

Order 34

Rule 1

In Rule 12 of this Order the last sentence thereof shall be deleted.

Rule 2

The following Indorsement of Claim shall be substituted for the Indorsement of Claim in Form 2F. Testamentary Civil Bill in the Second Schedule of the Rules of 1950:—

INDORSEMENT OF CLAIM.

A.I.X.Y. .....................................................

late of .................................................... in the

County of

(description) died on the

day of

having made his last Will whereby he

appointed the Defendant executor of the said Will.

B.2. Probate of the said Will was on the

day of

granted to the Defendant.

3. The Plaintiff's claim is as (show interest)

for the revocation of the said Grant of Probate upon the grounds

following:—

or

The Plaintiff's claim is for the grant of letters of administration

of the estate of

of

in the County of

who died on

, intestate,

or

C. The Plaintiff's claim is for the revocation of Probate/Letters of Administration

granted forth of                  Probate Registry

on

in the matter of the estate of

in the County of

D. The value of the estate of the said deceased at the time of the death of the deceased in so far as it consists of personal estate does not exceed £5,000 and in so far as it consists of real estate does not exceed the rateable valuation of £100.

(Signed)__________ Plaintiff

or Solicitor for Plaintiff

EXPLANATORY NOTE.

These Rules, which come into operation on the 15th day of March, 1978, provide for the discontinuance of the need for a Certificate of Jurisdiction from the Probate Registry in Circuit Court contentious probate proceedings, having regard to the provisions of Courts (Supplemental Provisions) Act, 1961 and the Succession Act, 1965 .