Succession Act 1965

Jurisdiction.

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

6

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, 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 F11 [ market value ] of F12 [ 3,000,000 ].

(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.

F13 [ (5) In this section market value means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land. ]

Annotations:

Amendments:

F11

Substituted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 47(a), S.I. No. 2 of 2017.

F12

Substituted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 47(a), S.I. No. 2 of 2017.

F13

Inserted (11.01.17) by Civil Liability and Courts Act 2004 (31/2004), s. 47(b), S.I. No. 2 of 2017.