Succession Act 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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
Preliminary and General
Section |
|
Devolution of Real and Personal Estate on Death
Further assimilation of law respecting real and personal estates of deceased persons. |
|
Vesting of estate between death and grant of administration. |
|
Executors and Administrators
Liability of person fraudulently obtaining or retaining estate of deceased. |
|
Validity of conveyance not affected by revocation of representation. |
Grants of Representation
Administration of Assets
Distribution on Intestacy
Share of issue where no surviving spouse or surviving civil partner. |
|
Wills
Conflict of Laws Relating to Testamentary Dispositions
Legal Right of Testator's Spouse and Provision for Children
Election between legal right and rights under a will and on partial intestacy. |
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Unworthiness to Succeed and Disinheritance
Dispositions for purpose of disinheriting spouse or children. |
|
Limitation of Actions
Personal representative, as such, not a trustee under Statute of Limitations, 1957. |
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“Trustees” in Statute of Limitations, 1957, not to include a bailiff. |
|
Provisions Relating to Probate Office and District Probate Registries
Rules as to Application of Assets
Repeals
Acts Referred to |
|
1942, No. 22. |
|
1963, No. 33. |
|
1928, No. 9. |
|
Public Records (Ireland) Act, 1867 |
1867, c. 70. |
1961, No. 41. |
|
1964, No. 16. |
|
Registration of Deeds Act, 1707 |
1707, c. 2. |
Conveyancing Act, 1881 |
1881, c. 41. |
1960, No. 42. |
|
1954, No. 25. |
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1954, No. 12. |
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1931, No. 13. |
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1952, No. 25. |
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1957, No. 6. |
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1936, No. 48. |
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1926, No. 27. |
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1959, No. 8. |
|
1945, No. 25. |
|
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 intestacy under the Act of 1965 if—
(a) it is satisfied that adequate and reasonable financial provision exists or can be made under section 8, 9, 10 (1) (a), 11, 12 or 13 for the spouse whose succession rights are in question (“the spouse concerned”),
(b) the spouse concerned is a spouse for the support of whom the court refused to make an order under section 8, 9, 10 (1) (a), 11, 12 or 13, or
(c) it is satisfied that the spouse concerned is not a spouse for whose benefit the court would, if an application were made to it in that behalf, make an order under section 8, 9, 10 (1) (a), 11, 12 or 13.
C5
Rights of spouses under Act confirmed not affected (1.08.1996) by Family Law Act 1995 (26/1995), s. 48, S.I. No. 46 of 1996.
Property of engaged couples.
48.—For the avoidance of doubt, it is hereby declared that the reference in section 5 (1) of the Family Law Act, 1981, to the rules of law relating to the rights of spouses in relation to property in which either or both of them has or have a beneficial interest shall relate and be deemed always to have related only to the rules of law for the determination of disputes between spouses, or a claim by one of them, in relation to the beneficial ownership of property in which either or both of them has or have a beneficial interest and, in particular, does not relate, and shall be deemed never to have related, to the rules of law relating to the rights of spouses under the Act of 1965, the Family Home Protection Act, 1976, the Act of 1989 or this Act.
C6
Application of Act restricted (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 17, commenced as per s. 46(2).
Order extinguishing succession rights.
17.—(1) On granting a decree of judicial separation, or at any time thereafter, the court shall, on the application of either spouse, consider whether it should make an order extinguishing the share that either spouse would otherwise be entitled to in the estate of the other spouse as a legal right or on intestacy under the Succession Act, 1965.
...