Succession Act 1965
State as ultimate intestate successor.
[New. Replaces escheat and bona vacantia]
73.—(1) In default of any person taking the estate of an intestate, whether under this Part or otherwise, the State shall take the estate as ultimate intestate successor.
[Cf. 1954 (No. 25) s. 31]
(2) The Minister for Finance may, if he thinks proper to do so, waive, in whole or in part and in favour of such person and upon such terms (whether including or not including the payment of money) as he thinks proper having regard to all the circumstances of the case, the right of the State under this section.
(3) Section 32 of the State Property Act, 1954 (which provides for the disclaimer of certain land devolving on the State by way of escheat or as bona vacantia) shall extend to the grantee's interest under a fee farm grant and the lessee's interest under a lease, where the State has a right to such interest as ultimate intestate successor.
Annotations
Modifications (not altering text):
C16
Functions of Minister for Finance under section transferred (15.07.2015) to Minister for Public Expenditure and Reform and references construed by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 318 of 2015), art. 3(1) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-6, 8.
3.(1) The functions vested in the Minister for Finance by or under any of the provisions of the Acts specified in the Schedule are transferred to the Minister for Public Expenditure and Reform.
(2) References to the Minister for Finance contained in any Act or instrument made under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
SCHEDULE
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Number and year (1) |
Short Title (2) |
Provision (3) |
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... |
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No. 27 of 1965 |
Succession Act 1965 |
Section 73 |
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C17
Application of section to position of the State not affected (1.12.2009) by Land and Conveyancing Law Reform Act 2009 (27/2009), s. 9, S.I. No. 356 of 2009.
Ownership and abolition of feudal tenure.
9.— (1) From the commencement of this Part, ownership of land comprises the estates and interests specified in this Part.
(2) In so far as it survives, feudal tenure is abolished.
(3) Subsection (2) does not affect—
(a) the position of the State under—
(i) the State Property Act 1954,
(ii) section 73 of the Act of 1965,
...