Succession Act, 1965


[1961 (No. 39) s. 22 (1) and Third Schedule at ref. nos. 16 and 17]

6.—(1) The jurisdiction conferred on a court by this Act may be exercised by the High Court.

(2) Subject to subsection (3), the Circuit Court shall, concurrently with the High Court, have all the jurisdiction of the High Court to hear and determine proceedings of the following kinds:

(a) an action in respect of the grant or revocation of representation of the estate of a deceased person in case there is any contention in relation thereto;

(b) proceedings in respect of the administration of the estate of a deceased person or in respect of any share therein;

(c) any proceeding under section 56, 115, 117 or 121.

(3) Unless the necessary parties to the proceedings in a cause sign, either before or at any time during the hearing, the form of consent prescribed by rules of court, the Circuit Court shall not, by virtue of subsection (2), have jurisdiction where the estate of the deceased person—

(a) in so far as it consists of personal estate, exceeds at the time of his death in amount or value £5,000, exclusive of what he may have been entitled to as trustee and not beneficially, but without deducting anything on account of debts due and owing from the deceased, and

(b) in so far as it consists of real estate of which, at the time of his death, he was beneficially seised or possessed, exceeds the rateable valution of £100.

(4) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge of the circuit where the deceased, at the time of his death, had a fixed place of abode.