Succession Act, 1965

JurisdictionIreland
CitationIR No. 27/1965


Number 27 of 1965


SUCCESSION ACT 1965

REVISED

Updated to 4 May 2020


This Revised Act is an administrative consolidation of the Succession Act 1965. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020 and all statutory instruments up to and including the Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 27 of 1965


SUCCESSION ACT 1965

REVISED

Updated to 4 May 2020


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Marriage Act 2015 (35/2015)

Children and Family Relationships Act 2015 (9/2015)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Adoption Act 2010 (21/2010)

Land and Conveyancing Law Reform Act 2009 (27/2009)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008)

Civil Liability and Courts Act 2004 (31/2004)

Capital Acquisitions Tax Consolidation Act 2003 (1/2003)

Electronic Commerce Act 2000 (27/2000)

Family Law (Miscellaneous) Act 1997 (18/1997)

Family Law (Divorce) Act 1996 (33/1996)

Family Law Act 1995 (26/1995)

Building Societies Act 1989 (17/1989)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

Status of Children Act 1987 (26/1987)

Age of Majority Act 1985 (2/1985)

Courts Act 1981 (11/1981)

Capital Acquisitions Tax Act 1976 (8/1976)

Courts Act 1971 (36/1971)

All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015)

District Probate Registries (Places and Districts) Order 1966 (S.I. No. 274 of 1966)

Succession Act 1965 (Commencement) Order 1966 (S.I. No. 168 of 1966)

All statutory instruments up to and including Planning and Development Act 2000 (Subsection (4) of Section 251A) (No. 2) Order 2020 (S.I. No. 165 of 2020), made 8 May 2020, were considered in the preparation of this revision.


Number 27 of 1965.


SUCCESSION ACT 1965

REVISED

Updated to 4 May 2020


ARRANGEMENT OF SECTIONS

Acts Referred to

Associated Bank under the Central Bank Act, 1942

1942, No. 22.

Companies Act, 1963

1963, No. 33.

Bodies Corporate (Executors and Administrators) Act, 1928

1928, No. 9.

Public Records (Ireland) Act, 1867

1867, c. 70.

Civil Liability Act, 1961

1961, No. 41.

Registration of Title Act, 1964

1964, No. 16.

Registration of Deeds Act, 1707

1707, c. 2.

Conveyancing Act, 1881

1881, c. 41.

Rent Restrictions Act, 1960

1960, No. 42.

State Property Act, 1954

1954, No. 25.

Intestates' Estates Act, 1954

1954, No. 12.

Legitimacy Act, 1931

1931, No. 13.

Adoption Act, 1952

1952, No. 25.

Statute of Limitations, 1957

1957, No. 6.

Courts of Justice Act, 1936

1936, No. 48.

Court Officers Act, 1926

1926, No. 27.

Administration of Estates Act, 1959

1959, No. 8.

Court Officers Act, 1945

1945, No. 25.

Court Officers Act, 1951

1951, No. 8.


Number 27 of 1965.


SUCCESSION ACT 1965

REVISED

Updated to 4 May 2020


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. [22 nd December, 1965.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act to certain instruments not affected (20.09.2000) by Electronic Commerce Act 2000 (27/2000), s. 10, S.I. No. 293 of 2000.

Excluded laws.

10.—(1) Sections 12 to 23 are without prejudice to—

( a) the law governing the creation, execution, amendment, variation or revocation of—

(i) a will, codicil or any other testamentary instrument to which the Succession Act, 1965, applies,

(ii) a trust, or

(iii) an enduring power of attorney,

( b) the law governing the manner in which an interest in real property (including a leasehold interest in such property) may be created, acquired, disposed of or registered, other than contracts (whether or not under seal) for the creation, acquisition or disposal of such interests,

( c) the law governing the making of an affidavit or a statutory or sworn declaration, or requiring or permitting the use of one for any purpose, or

( d) the rules, practices or procedures of a court or tribunal,

except to the extent that regulations under section 3 may from time to time prescribe.

C2

Application of Act not affected in certain circumstances by Family Law Act 1995 (26/1995), s. 15A, as inserted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), commenced 3 months after enactment.

Orders for provision for spouse out of estate of other spouse.

15A.—(1) Subject to the provisions of this section, where, following the grant of a decree of judicial separation, a court makes an order under section 14 in relation to the spouses concerned and one of the spouses dies, the court, on application to it in that behalf by the other spouse ('the applicant') not more than 6 months after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the applicant out of the estate of the deceased spouse as it considers appropriate having regard to the rights of any other person having an interest in the matter and specifies in the order if it is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased spouse under section 8, 9, 10 (1) (a), 11 or 12 for any reason (other than conduct referred to in subsection (2) (i) of section 16 of the applicant).

...

C3

Application of Act not affected in certain circumstances (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 18, commenced 3 months after enactment.

Orders for provision for spouse out of estate of other spouse.

18.—(1) Subject to the provisions of this section, where one of the spouses in respect of whom a decree of divorce has been granted dies, the court, on application to it in that behalf by the other spouse (“the applicant”) not more than 6 months after representation is first granted under the Act of 1965 in respect of the estate of the deceased spouse, may by order make such provision for the applicant out of the estate of the deceased spouse as it considers appropriate having regard to the rights of any other person having an interest in the matter and specifies in the order if it is satisfied that proper provision in the circumstances was not made for the applicant during the lifetime of the deceased spouse under section 13, 14, 15, 16 or 17 for any reason (other than conduct referred to in subsection (2) (i) of section 20 of the applicant).

...

C4

Application of Act restricted (1.08.1996) by Family Law Act 1995 (26/1995), s. 14, S.I. No. 46 of 1996.

Orders extinguishing succession rights on judicial separation.

14.—On granting a decree of judicial separation or at any time thereafter, the court may, on application to it in that behalf by either of the spouses concerned, make an order extinguishing the share that either of the spouses would otherwise be entitled to in the estate of the other spouse as a legal right or on...

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