Succession Act 1965

Administration bonds.

[1959 (No. 8) s. 14]

34

34.(1) Every person to whom a grant of administration is made shall give a bond (in this section referred to as an administration bond) to the President of the High Court to inure for the benefit of the President of the High Court for the time being and, if the High Court, the Probate Officer or (in the case of a grant from a district probate registry) the district probate registrar so requires, with one or more surety or sureties conditioned for duly collecting, getting in, and administering the estate of the deceased.

(2) (a) An administration bond shall be in a penalty of double the amount at which the estate of the deceased is sworn, unless the High Court, the Probate Officer or (in the case of a grant from a district probate registry) the district probate registrar shall in any case direct it to be reduced, in which case the Court, the Probate Officer or the district probate registrar may do so.

(b) The High Court, the Probate Officer or (in the case of a grant from a district probate registry) the district probate registrar may also direct that more administration bonds than one shall be given, so as to limit the liability of any surety to such amount as the Court, the Probate Officer or the district probate registrar (as the case may be) shall think reasonable.

(3) An administration bond shall be in such form as the President of the High Court may prescribe by rules, and shall include a provision for payment of all death duties payable in respect of the estate of the deceased for which the personal representative is accountable and a further provision for the payment of all income tax and sur-tax payable out of the estate of the deceased.

(4) Where it appears to the satisfaction of the High Court that the condition of an administration bond has been broken, the High Court may, on application in that behalf, order that the bond be assigned to such person as may be specified in the order, and the person to whom the bond is assigned in pursuance of the order shall be entitled to sue thereon in his own name as if it had been originally given to him instead of to the President of the High Court and to recover thereon as trustee for all persons interested the full amount recoverable in respect of the breach of the condition thereof.

(5) Nothing in this section shall require the Chief State Solicitor or the Solicitor for the Attorney General, when applying for or obtaining administration for the use or benefit of the State, to give an administration bond.

[New]

(6) Sureties to administration bonds shall not be required when the grant is made to a trust corporation.

[New]

(7) An administration bond issued by a guarantee society or insurance company approved by the President of the High Court shall be acceptable for the purposes of this section whether the application for the grant is made in person or by a solicitor.

Annotations

Modifications (not altering text):

C10

Interpretation of inheritance tax clarified (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 113, commenced on enactment.

Tax, in relation to certain legislation.

113.(1) Inheritance tax shall not be a duty or a death duty for the purposes of section 9 of the Succession Act, 1965, but it shall be a death duty for the purposes of—

(a) section 34 (3) of that Act;

(b) the definition of pecuniary legacy in section 3 (1) of that Act; and

(c) paragraph 8 of Part II of the First Schedule to that Act.

Editorial Notes:

E8

Power pursuant to subs. (3) exercised (1.04.1967) by Succession Act, 1965 (Form of Administration Bond) (No. 2) Rules 1967 (S.I. No. 18 of 1967), reg. 2, in effect as per reg. 1(2).

E9

Previous affecting provision: interpretation of inheritance tax clarified by Capital Acquisitions Tax Act 1976 (8/1976), s. 68(1)(b); repealed (21.02.2003) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 118(1).

E10

Previous affecting provision: power pursuant to section subs. (3) exercised (3.01.1967) by Succession Act, 1965 (Form of Administration Bond) Rules 1967 (S.I. No. 1 of 1967); revoked (1.04.1967) by Succession Act, 1965 (Form of Administration Bond) (No. 2) Rules 1967 (S.I. No. 18 of 1967), in effect as per reg. 1(2).