IE
S.I. No. 139/1959 - Rules of High Court and Supreme Court High Court Rules, 1959
Table of Provisions (12)
Statutory Text (12 Articles)
1. These rules may be referred to as the High Court Rules 1959 and shall be read with the existing Rules of the High Court and Supreme Court and be deemed to be incorporated therewith, but shall, so far as inconsistent therewith, amend or alter the said Rules.
2. The following Rules shall apply only to non-contentious Probate practice and procedure in the Probate Office (usually and hereinafter referred to as the Principal Probate Registry) and District Probate Registries.
3.—(1) In determining to whom Letters of Administration of the estate of a person who died on or after the 1st day of June, 1959 should be granted, the following rules shall be observed :—
(
a
) a residuary legatee and a residuary devisee are equally entitled to a grant.
(
b
) a residuary devisee in trust is entitled in priority to a residuary legatee and a residuary legatee in trust is entitled in priority to a residuary devisee.
(
c
) a residuary legatee or devisee is entitled in priority to the next-of-kin and heir-at-law.
(
d
) a residuary devisee is entitled in priority to the representative of a deceased residuary legatee and a residuary legatee is entitled in priority to the representative of a deceased residuary devisee.
(
e
) a residuary legatee or devisee for life is entitled in priority to a remainderman.
(
f
) the next-of-kin and heir-at-law are equally entitled.
(
g
) the widower or widow of an intestate has the first right to a grant.
(
h
) notwithstanding paragraph (
f
), where the widower of an intestate renounces, the heir-at-law is entitled in priority to the next-of-kin ; but when the widow of an intestate renounces, the next-of-kin are entitled equally with the heir-at-law.
(
i
) where the widower of an intestate renounces, the heir-at-law is entitled in priority to the widower's assignees in bankruptcy.
(
j
) the heir-at-law and next-of-kin are entitled in priority to a person who (though not one of the next-of-kin) is entitled in distribution to a share of the personal estate.
(
k
) the heir-at-law of an intestate is entitled in priority to the representative of a deceased next-of-kin.
(
l
) person of full age equally interested with a minor or infant is entitled in priority to the guardian of such minor or infant.
(
m
) a person equally interested with a ward of court is entitled in priority to the committee or guardian of such ward.
(
n
) a person acting under a power of attorney has the same priority as the donor of the power would have if applying personally.
(2) Nothing in this rule shall affect the powers of the Court under
Section 12
of the
Administration of Estates Act, 1959
.
4. In the case of estates of persons dying on or after 1st June, 1959
(
a
) The oath of administrator or of administrator with the will annexed shall be so worded as to clear off all persons having a prior right to the grant, but where it is sworn that the deceased died without being possessed of any real estate (other than freehold land registered underPart IV of the Registration of Title Act 1891), the grant may be made without clearing off the residuary devisee or heir-at-law. The oath shall set forth, where such is the fact, that the party applying is the only next-of-kin or one of the next-of-kin or the heir-at-law (as the case may be) of the deceased. The Probate Officer or District Probate Registrar may require an Affidavit to establish that an applicant, who claims to be heir-at-law, is such.
(
b
) Where there are prior interests, the grant shall show on its face how they have been cleared off. Where the grant is made to the heir-at-law, his relationship to the deceased shall not be stated in the grant.
(
c
) In all administrations of a special character, the statements in the oath and the Letters of Administration must be framed in accordance with the facts of the case.
(
d
) Rule 36 of Order LXXIX and Rule 31 of Order LXXX of the Rules of the Supreme Court (Ireland) 1905 shall not apply.
5. Whenever the Court, under
section 12
of the
Administration of Estates Act, 1959
, appoints as administrator some one other than a person who would otherwise be entitled to the grant, the fact that an order under that section has been made shall be stated in the oath of the administrator, in the Letters of Administration, and in the administration bond.
6. The value of the property stated in the administrator's oath shall be verified by other affidavits if required by the Probate Officer or the District Probate Registrar.
7. In the case of persons dying intestate, on or after 1st June, 1959 without any known relation, a citation must be issued from the Principal Probate Registry to the heir-at-law and next-of-kin (if any) and all persons having or claiming to have any interest in the real or personal estate of the deceased. Service of such citation shall be effected in such manner as the Court or Probate Officer may direct ; and such citation must also be served on the Attorney-General and notice of his intention not to interfere must be obtained. In such cases, rule 79 of Order LXXIX and rule 72 of Order LXXX of the Rules of the Supreme Court (Ireland) 1905 shall not apply.
8. All copies of wills to be annexed to the Probate or Letters of Administration shall be fairly and properly written in a legible hand or printed or typewritten.
9. The Forms in Part I of the Appendix hereto, with such variations as circumstances may require, shall be used in the case of estates of persons dying on or after 1st June, 1959 in lieu of the equivalent Forms in Appendix R of the Rules of the Supreme Court (Ireland) 1905.
10. In the case of estates of persons dying on or after 1st June, 1959, the certificate required to be given by the proper officer of the Court under section 30 of the Customs & Inland Revenue Act 1881 shall, for the purposes of the Finance Act 1894, be in Form No. 15 in the Appendix hereto subject to any necessary variations and modifications which the officer of the Court is hereby authorised at his discretion to make. In such cases, rule 98 of Order LXXIX and rule 85 of Order LXXX of the Rules of the Supreme Court (Ireland) 1905 shall not apply.
11. The Forms of Administration Bond in Part II of the Appendix hereto which have been directed by the President of the High Court, or such other forms as he may hereafter direct, shall be used.
12. Rules 17 to 27 (inclusive), 38, 74 to 77 (inclusive), 82 and 100 to 113 (inclusive) of Order LXXIX and rules 20, 21, 33, 68 to 70 (inclusive) and 72 of Order L-XXX of the Rules of the Supreme Court (Ireland) 1905 are hereby annulled.
APPENDIX
PART 1
No. 1
HEADING OF FORMS
" IN THE HIGH COURT OF JUSTICE
The Principal Probate Registry "
or
" IN THE HIGH COURT OF JUSTICE
The District Probate Registry at . . ."
No. 2
OATH FOR EXECUTOR
In the Goods of
late of
in the County of
I,
of (a) in the
County of aged
twenty-one years and upwards, make Oath and say, that I believe the paper writing/ hereto
(a) Deceased.
annexed, and marked by me, to contain the true and original last Will (or last Will with Codicils) of
late of (b)
deceased ; that same was made by the said
after attaining the full age of twenty-one years, and that he did not intermarry with any person alter the making of the same ; that I am the (c)
of the said and the sole Executor in the said Will (or Will and Codicils), named
that I will faithfully administer the estate of the said Testat , by paying h just debts and the Legacies contained in h said Will (or Will and Codicils), so far as the same shall thereto extend and the law bind me ; that I will exhibit a true Inventory of the said Estate, and render a true account thereof, whenever required by law so to do ; that the Testat died at
on the day of one thousand hundred and (and that the Testat had at the time of h death a fixed place of abode at within the District of
) (d) and that the whole of the Estate which devolves to and vests in h legal personal representative amounts in value to the sum of (e) Pounds Shillings and Pence, and no more, to the best of my knowledge, information and belief.
(Signed)
Sworn at in the County of this day of 19 by the said before me a Commissioner for taking Affidavits, and I know the Deponent (or who certifies to his knowledge of the deponent).
I certify that I know the Deponent.
(a) Place of abode and description.
(
b
) Place of abode and description of Testator.
(
c
) The relationship of Executor to the deceased (if any)
(
d
) These words should be omitted where application is made to the Principal Registy.
(
e
) The gross assets, without any deductions for debts, etc.
No. 3
OATH FOR ADMINISTRATOR WITH THE WILL
In the Goods of
late of
in the County
Deseased.
I,
of (a)
in the County of
aged Twenty-one years and upwards, make Oath and say, that I believe the paper writing/hereunto annexed, and marked by me, to contain
the true and original last Will (or last Will with Codicils)
of
late of (
b
) in the County of deceased
and that same was made by the said after
attaining the full age of Twenty-one years, and that he did not intermarry with any person after the making of same, and that
the Executor therein named,
and that I am the (
c
) of said
and the named in the said Will and that I will well and faithfully administer the estate of the said deceased, by paying his just debts and the legacies contained in his said Will (or Will and Codicils) and distributing the residue of his Estate according to law ; and that I will exhibit a true and perfect Inventory of the said Estate, and render a true account thereof whenever required by law so to do ; and the Testator died at
on the day of One thousand hundred
and (and had at the time of his death a fixed place of abode
at within the said District of )
(
d
) and that the whole of the Personal Estate amounts in value to the sum of
(
e
) Pounds Shillings and Pence
and that the whole of the Real Estate of deceased which devolves to and
vests in Legal Personal Representative
is of the market value (
f
) of Pounds
Shillings and Pence and no more to the best of my knowledge, information and belief.
(Signed)
Sworn at in the County of this day of 19 by the said before me, a Commissioner for taking Affidavits, and I know the Deponent (or who certifies to his knowledge of the Deponent).
I certify that I know the Deponent.
(a) Place of abode and description.
(
b
) Place of abode and description of Testator.
(
c
) Relationship to the Testator (if any).
(
d
) These words should be omitted where application is made to the Principal Registry
(
e
) The gross assets, without any deductions for debts, etc.
(
f
) Affidavit of market value must be filed.
No. 4
OATH FOR ADMINISTRATOR
In the Goods of late of in the County of (a) Deceased.
I, of (a) in the County of aged twenty-one years and upwards, make Oath and say that
late of (
a
)
Deceased died Intestate (
b
)
that I am the lawful of said. Deceased and that I will well and faithfully administer the Estate of the said Deceased by paying just debts, and distributing the Residue of said Estate according to law, and that I will exhibit a true Inventory of the said Estate and tender a true account thereof, whenever required by law so to do ; that the said Deceased died at
on the day of
One thousand hundred and , (and that the said Deceased had at the time of h death a fixed place of abode at
within the said District of ), (
c
) and that the whole of the Personal Estate amounts in value to the sum of
Pounds Shillings and Pence, and that the whole of the Real Estate of deceased which devolves to and vests in
legal personal representative is of the market value of Pounds Shillings and
Pence and no more to the best of my knowledge, information and belief.
(Signed)
Sworn at in the county of this day of 19 by the said before me, and I know who certifies to his knowledge of said Deponent.
I certify that I know the Deponent.
(
a
) Place of abode and description.
(
b
) State here whether Bachelor, etc., and clear of all other parties entitled to Grant in priority to Applicant ; and state capacity in which Applicant seeks administration.
(
c
) These words should be omitted where application is made to the Principal Registry.
(
d
) Affidavit of Market Value must be filed.
No. 5
PROBATE
BE IT KNOWN, that on the day of the last Will a copy of which, signed by the Probate Officer, (
a
) 1 is hereunto annexed, of deceased, who died on or about the day of at same place (
b
) 1
was proved, and registered in the Principal Registry and that the Administration of all the estate which devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to named in the said
Will, he having been first sworn faithfully to administer the same.(
c
) 1
(
a
) In District Registry, substitute " District Probate Registrar."
(
b
) Where Grant issued out of a District Registry, insert " and who at the time of his death had a fixed place of abode at............ within the District of.....................
(
c
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 6
ADMINISTRATION INTESTATE
BE IT KNOWN, that on the day of
LETTERS OF ADMINISTRATION of all the estate which devolves to and vests in the personal representative of deceased, who died on or about the day of
at same place INTESTATE, (
a
) 2 were granted by the aforesaid Court to
he having been first sworn faithfully to administer the same. (
b
) 2
(
a
) In the District Registry insert " and who at the time of his death had a fixed place of abode at. . . . ..... within the District of .........."
(
b
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 7
ADMINISTRATION WITH THE WILL ANNEXED
BE IT KNOWN, that
deceased, who died on or about the day of
at same place (
a
) 3
made and duly executed last Will
a copy of which, signed by the Probate Officer, is hereunto annexed and did therein name
AND BE IT FURTHER KNOWN that on the day of
LETTERS OF ADMINISTRATION (with the said Will
annexed) of all and singular the estate which devolves to and vests in the personal representative of the said deceased were granted by the aforesaid Court to
he having previously been sworn faithfully to administer the same, according to the tenor of the said Will. (
b
) 3
(
a
) In the Distrist Registry insert "and who at the time of his death had a fixed place of.....................abode at within the District of............"
(
b
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 8
UNADMINISTERED PROBATE
BE IT KNOWN, that
deceased, who died on or about the day of
at same place, (
a
) 1
made and duly executed last Will
copy of which, signed by the (
b
) 1
is hereunto annexed), and did therein name
executors and afterwards died, and that on the day of
Probate of said Will
with Administration of the estate which devolves to and vests in the personal representative of the said deceased was granted at the (
c
) 1 Registry aforesaid to the said
Power being reserved of making a like grant to the said
(which Probate now remains of record) who
after taking such Probate upon
intermeddled in the estate of said deceased ; and afterwards, to wit, on the
day of died leaving part thereof unadministered,
AND BE IT FURTHER KNOWN that on the day of
the said Will
of said deceased was also proved in said (c) Registry and that Administration of the estate which devolves to and vests in the personal representative of the said deceased and which was so left unadministered was granted at said Registry to the said
he having been first sworn faithfully to administer the same. (
d
) 1
(
a
) In the District Registry insert "and who at the time of his death had a fixed place of abode at
within the District of..............."
(
b
) Probate Officer, or District Probate, Registrar.
(
c
) Principal or District.
(
d
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 9
DOUBLE PROBATE
BE IT KNOWN, that on the day of
the last Will a copy of which,
signed by the (
a
) 2 is hereunto annexed, of
deceased, who died on or about the day of
at same place, (
b
) 2
was proved and registered in the said (
c
) 2
Registry and that the Administration of the estate which devolves to and vests in the personal representative of the said deceased was granted by the aforesaid Court to
one of the executors named in the said Will
he having been first sworn faithfully to administer the same (Power being re-reserved of making a like grant to the other executor named in said Will).
AND BE IT FURTHER KNOWN that on the day of
the said Will
was also proved in the said (c) Registry and that the like Administration of the said estate was granted by the aforesaid Court to the said
he having been first sworn faithfully to administer the same. (
d
) 2
(
a
) Probate Officer or District Probate Registrar.
(
b
) In the District Registry insert "and who at the time of his death had a fixed place of abode at
within the District of............."
(
c
) Principal or District.
(
d
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 10
ADMINISTRATION WITH WILL ANNEXED (DE BONIS NON)
BE IT KNOWN, that
deceased, who died on or about the day of
19 , at same place (
a
) 1
made and duly executed last Will
(a copy of which, signed by the (
b
) 1
is hereunto annexed), and did therein name
and afterwards died, and that on the day of
of the estate which devolves to and vests in the personal representative of said deceased were granted at the (
c
) 1 Registry aforesaid to
(which now remains of record ) who after taking such upon
intermeddled in the estate of said deceased ; and afterwards, to wit, on the
day of 1 , died leaving part thereof unadministered, and that on the day of
19 , Letters of Administration of the said estate which devolves to and vests in the personal representative of the said deceased and which was so left un-administered, with said Will annexed, were granted at the (c) Registry to
he having been first sworn faithfully to administer the same. (
d
) 1.
(
a
) In the District Registry insert "and who at the time of his death had a fixed place of abode at........... within the District of.............."
(
b
) Probate Officer or District Probate Registrar.
(
c
) Principal or District.
(
d
) Insert appropriate certificate as to Inland Revenue Affidavit.
No. 11
ADMINISTRATION INTESTATE (DE BONIS NON)
BE IT KNOWN, that
deceased, died on or about the day of
at same place intestate (
a
) 2
and that since death, to wit, on the day of
LETTERS OF ADMINISTRATION of the estate which devolves to and vests in the personal representative of the said deceased were granted at the (
b
) 2 Registry attached to the High Court of Justice
to
(which Letters of Administration now remain of record
) which said
after taking such administration upon
intermeddled in the estate of said deceased ; and afterwards, to wit, on or about
the day of died
leaving part thereof unadministered,
and that on the day of LETTERS OF
ADMINISTRATION of the said estate which devolves to and vests in the personal representative of the said deceased and which was so left unadministered were granted by the aforesaid Court to
he having been first sworn faithfully to administer the same. (
c
) 2
(
a
) In the District Registry, insert "and who at the time of his death had a fixed place of abode at......... within the District of............"
(
b
) Principal or District.
(
c
) Insert appropriate Certificate as to Inland Revenue Affidavit.
No. 12
ADMINISTRATION INTESTATE
LIMITED DURING MINORITY
BE IT KNOWN, that on the day of
LETTERS OF ADMINISTRATION of the estate which devolves to and vests in the personal representative of
deceased, who died on or about the day of
at same place,
INTESTATE (
a
) 1 were granted by the aforesaid Court to
the Guardian lawfully appointed of minors (aged respectively years, years, years, years, years and years or thereabouts) Limited for
use and benefit and until shall attain the age of 21 years or until said
having attained such age shall apply for and obtain Administration of the estate unadministered of said deceased—the said
having been first sworn faithfully to administer the same. (
b
) 1
(
a
) In the District Registry, insert "and who at the time of his death had a fixed place of abode at.......... within the District of .........."
(
b
) Insert appropriate Certificate as to Inland Revenue Affidavit.
No. 13
ADMINISTRATION WITH WILL ANNEXED TO AN ATTORNEY
BE IT KNOWN that
deceased, who died on or about the day of
at same place (
a
) 2
made and duly executed last Will
a copy of which, signed by the (
b
) 2
is hereunto annexed, and did therein name
AND BE IT FURTHER KNOWN that on the day of
LETTERS OF ADMINISTRATION (with the
said Will annexed) of the estate which devolves to and vests in the personal representative of the said deceased were granted by the aforesaid Court to
the Attorney lawfully appointed of
now residing at
Limited for use and benefit and until shall apply for and obtain
the said having previously been sworn faithfully to administer the same according to the tenor of the said Will. (
c
) 2
(
a
) In the District Registry, insert "and who at the time of his death had a fixed place of abode at.......... within the District of.........."
(
b
) Probate Officer or District Probate Registrar.
(
c
) Insert appropriate Certificate as to Inland Revenue Affidavit.
No. 14
ADMINISTRATION INTESTATE TO AN ATTORNEY
BE IT KNOWN, that on the day of
19 , Letters of Administration of the estate which devolves to and vests in the personal representative of
deceased, who died on or about the day of
19 , at same place,
Intestate (
a
) were granted by the aforesaid Court to
the Attorney lawfully appointed of
now residing at
Limited for use and benefit and until shall apply for and obtain Administration of the estate unadministered of said deceased—
the said having been first sworn faithfully to administer the same. (
b
)
(
a
) In the District Registry, insert "and who at the time of his death had a fixed place of abode at.......... in the District of ..........
(
b
) Insert appropriate Certificate as to Inland Revenue Affidavit.
No. 15
CERTIFICATE AS TO INLAND REVENUE AFFIDAVIT
(pusuant to Rule 11)
And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shown that the gross value of all the estate of the said decease within this jurisdiction (exclusive of what the deceased may have been possessed of or entitled to as a Trustee and not beneficially) amounts to £ and that the net value thereof amounts to £
And that it appears by a Receipt signed by an Inland Revenue Officer on the said Affidavit that £ for Estate Duty and interest thereon has been paid, the Duty being charged thereon at the rate of £ per cent.
or
And it is hereby certified that an Affidavit for Inland Revenue has been delivered wherein it is shown that the gross value of the Estate of the said deceased within this jurisdiction (exclusive of what the deceased may have been possessed of or entitled to as a Trustee and not beneficially) amounts to £ for the purpose of Estate Duty and that the said Affidavit bears a stamp of £
No. 16
JUSTIFICATION OF SURETY
In the goods of
late of
in the County of
Deceased.
.......................................................
We,
of (a)
in the County of
and
of (a)
in the County of
aged respectively Twenty-one years and upwards, severally make Oath and say that we are the proposed Sureties on behalf of
the intended Administrat of the estate of the said
late of (
b
)
in the County of deceased, in the penal sum of
(
c
) Pounds, for h faithful administration of the said estate ; and I, the said for myself, further make Oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of (
d
) for myself, further make Oath and say, that I am, after payment of all my just debts, worth in real and personal estate the sum of (
e
) Pounds.
Sworn at
in the County of
this day of 19 , by the said
before me, a Commissioner for Oaths and I know the Deponent (or
who certifies to his knowledge of the Deponent).
I certify that I know the Deponent.
(
a
) Places of abode and descriptions.
(
b
) Place of abode and description of deceased.
(
c
) Amount of Penalty in bonds.
(
d
) Gross amount of assets.
(
e
) Married woman as surety must justify from her own separate estate separate and apart from her husband's estate.
IN THE HIGH COURT OF JUSTICE
(PROBATE)
Whereas
Section 14
(3) of the
Administration of Estates Act 1959
(Number 8 of 1959) provides inter alia that an Administration Bond shall be in such form as the President of the High Court shall by any special or general order direct.
Now I the Honourable CAHIR DAVITT being the President of the High Court in said Act referred to do hereby order and direct that an Administration Bond for the administration of an estate of any person dying on or after the 1st day of June, 1959, shall be given (where the Grant is not severed) in such one of the following forms as may be appropriate to the circumstances of the Application for a Grant.
Dated this 2nd day of June, 1959.
CAHIR DAVITT.
P.A 8
PART II
No. 1
Administration (Intestate) Bond
IN THE HIGH COURT OF JUSTICE
(PROBATE)
THE REGISTRY AT
KNOW ALL MEN by these presents that we (
a
)
of
in the County of (
of
in the County of
and of
in the County of
are jointly and severally bound unto THE HONOURABLE CAHIR DAVITT, President of the High Court of Justice in Ireland and his successors in office, in the sum of (
b
) Pounds to be paid to the said President or to his said successors, for which payment to be made we bind ourselves and each of us for the whole, our Heirs, Executors, and Administrators, by these presents.
Sealed with our Seals. Dated the day of
in the year of Our Lord One thousand nine hundred
The Condition of this obligation is such that if the above bounden
the of late of (
c
)
in the County of deceased, and the intended Administrat of the estate of the said deceased
do, when lawfully called on in that behalf, make, or cause to be made, a true inventory of the personal estate of the said deceased which has or shall come to h hands, possession, or knowledge, or into the hands and possession or control of any other person for h , and also of the Real Estate of the said deceased devolving to and vesting in h as legal personal representative of said deceased, and the same so made do exhibit, or cause to be exhibited, into the Registry at whenever required by law so to do ; and all such Estates, and all other such personal and real estates of the said deceased at the time of h death, which at any time after shall come to the hands, possession or control of the said
or into the hands, possession or control of any other person or persons for h do well and truly administer according to law (that is to say) do pay the debts which deceased did owe at his decease death duties payable in respect of the estate of said deceased for which the personal representative is accountable, all income tax and surtax payable out of the said estate and as the Law charge h ; and further, do make, or cause to be made a true account of said Administration whenever required by law so to do ; and all the rest and residue of all such estates and effects to deliver and pay unto such person or persons as shall be entitled thereto, under the Statutes in such case made and provided. And if it shall hereafter appear that any last Will was made by the said deceased, and the executor or executors or other persons therein named do exhibit the same into the said District or Principal Registry making request to have it allowed and approved accordingly, if the said
being thereunto required, do render and deliver the said Letters of Administration
granted to
(approbation of such Testament being first had and made), then this obligation to be void and of none effect, or else to remain in full force and virtue.
(
a
) Names, residences, and descriptions of the Administrator and the Sureties.
(
b
) Double the gross amount of assets without any deductions for debts, etc., including therein the market value of Real Estate which by law devolves to or vests in the legal personal representative
(
c
) Residence and description of deceased.
Signed, Sealed and Delivered by the said
In the presence of
Commissioner for Oaths
No. 2
Administration with Will annexed Bond
P.A. 8
IN THE HIGH COURT OF JUSTICE
(PROBATE)
THE REGISTRY AT
KNOW ALL MEN by these presents that we (
a
)
of
in the County of ( )
of
in the County of ( )
and
of
in the County of are jointly and severally bound unto THE HONOURABLE CAHIR DAVITT, President of the High Court of Justice in Ireland and his successors in office, in the sum of (
b
)
Pounds to be paid to the said President or to his said successors, for which payment to be made we bind ourselves and each of us for tile whole, our Heirs, Executors, and Administrators, by these presents.
Sealed with our Seals, and dated the day of
in the year of our Lord One thousand nine hundred and
The condition of this obligation is such that if the above bounden
of
the
late of (
c
)
in the County of deceased, the intended Administrat with the Will dated the day of
annexed of the estate of the said deceased do, when lawfully called on in that behalf make or cause to be made, a true inventory of the personal estate of the said deceased, and also of the Real Estate of the said deceased devolving to and vesting in h as legal personal representative of said deceased which has or shall come to h hands, possession, control or knowledge and the same so made do exhibit, or cause to be exhibited, into the Registry at whenever required by law so to do ; and such personal and real estate do well and truly administer (that is to say) to pay the debts of the said deceased which he did owe at his decease death duties payable in respect of the estate of said deceased for which the personal representative is accountable all income tax and surtax payable out of the said estate and then the legacies contained in the said Will annexed to the said Letters of Administration, so to h committed as far as the said personal and real estate will thereto extend, and as the law charge h and further, do make, or cause to be made, a true account of h said Administration when he shall be thereunto lawfully required, and all the residue of the said personal and real estate shall deliver and pay unto such person or persons as shall be by law entitled thereto, then this obligation to be void and of none effect, or else to remain in full force and virtue.
Signed, Sealed and Delivered by the said
In the presence of
Commissioner for Oaths
(
a
) Names, residences, and descriptions of the Administrator and the Sureties.
(
b
) Double the gross assets, including therein the market value of Real Estate which by law devolves to or vests in legal personal representative.
(
c
) Residence and description of deceased.
No. 3
ADMINISTRATION INTESTATE (PRO RATA) BOND
IN THE HIGH COURT OF JUSTICE
(PROBATE)
The Registry at
KNOW ALL MEN BY THESE PRESENTS that we
of
in the County of and
of
in the County of
ARE JOINTLY AND SEVERALLY BOUND UNTO THE HONOURABLE CAHIR DAVITT, President of the High Court of Justice in Ireland, and his successors in office in the sum of (a) pounds to be paid to the said President or to his said successors for which payment to be made we bind ourselves and each of us for the whole, our Heirs, Executors and Administrators by these presents.
SEALED with Our Seals. Dated the day of
in the year of Our Lord One thousand nine hundred and
WHEREAS late of
in the County of died on or about the
day of Intestate
AND WHEREAS the said
was indebted to in the sum of
and that on the day of
IT WAS ORDERED by
The Condition of this obligation is such that if the above bounden
the intended Administrator
of the estate of the said
deceased do when lawfully called on in that behalf make or cause to be made a true Inventory of the personal estate of the said deceased and also of the real estate of the said deceased devolving to and vesting in h as legal personal representative of said deceased which has or shall come to his hands possession control or knowledge or into the hands possession or control of any other person or persons for him, and the same so made do exhibit or cause to be exhibited into the Principal Probate Registry at Dublin whenever required by law so to do, and the same personal and real estate do well and truly administer (that is to say) do pay and satisfy all and singular the just debts of said deceased death duties payable in respect of the estate of said deceased for which the personal representative is accountable all income tax and surtax payable out of the said estate and as the law charge h in a due course of administration rateably and proportionately and according to the priority required by law and not now however preferring his own debt or the debts of any other of the creditors of said deceased by reason of his being administrator as aforesaid. AND further do make or cause to be made a true account of his administration when he shall be thereunto lawfully required. And all the residue of the said personal and real estate shall deliver and pay unto such person or persons as shall be by law entitled thereto. And if it shall hereafter appear that any last will was made by the said deceased and the Executor or Executors or other persons therein named do exhibit same into the said Principal Registry making request to have it allowed and approved, accordingly if the said being thereunto required do render and deliver the said Letters of Administration (approbation of such Testament being first had and made), then this obligation to be void and of none effect or else to remain in full force and virtue.
(
a
) Double the gross assets including herein the market value of Real Estate devolving to or vesting in the Legal Personal Representative.
Signed, Sealed and Delivered by the said
in the presence of
Commissioner for Oaths
No. 4
ADMINISTRATION WITH WILL ANNEXED (PRO RATA) BOND IN THE HIGH COURT OF JUSTICE
(PROBATE)
The Registry at
KNOW ALL MEN BY THESE PRESENTS that we
of in the County of
and
of in the County of
ARE JOINTLY AND SEVERALLY BOUND UNTO THE HONOURABLE CAHIR DAVITT, President of the High Court of Justice in Ireland and his successors in office in the sum of pounds to be paid to the said President or to his said successor for which payment to be made we bind ourselves and each of us for the whole our Heirs, Executors and Administrators by these presents.
SEALED with Our Seals. Dated the day of
in the year of Our Lord One thousand nine hundred and
WHEREAS late of in the County of
died on or about the day of
having made and duly executed last will (and Codicil)
AND WHEREAS the said
was indebted to in the sum of
and that on the day of
IT WAS ORDERED
The Condition of this obligation is such that if the above bounden
the intended Administrat
with said Will dated the day of , 19 annexed and Codicil thereto, of the estate of the said
deceased do when lawfully called on in that behalf make or cause to be made a true Inventory of the personal estate of the said deceased and also of the Real Estate of the said deceased devolving to and vesting in h as legal personal representative of said deceased which has or shall come to his hands possession or knowledge or into the hands and possession of any other person or persons for him and the same so made do exhibit or cause to be exhibited into the Principal Probate Registry at Dublin whenever required by law so to do ; and such personal and real estate do well and truly administer (that is to say) do pay and satisfy all and singular the just debts of said deceased which he did owe at his decease in a due course of administration rateably and proportionately and according to the priority required by law and not however preferring his own debt or the debts of any other of the creditors of said deceased by reason of his being administrator as aforesaid death duties payable in respect of the estate of said deceased for which the personal representative is accountable all income tax and surtax payable out of the said estate and then the legacies contained in the said Will and Codicil annexed to the said Letters of Administration so to h committed as far as the said personal and real estate will thereto extend and the law charge him. AND further do make or cause to be made a true account of his administration when he shall be thereunto lawfully required. And all the residue of the said personal and real estate shall deliver and pay unto such person or persons as shall be by law entitled thereto,
, then this obligation to be void and
of none effect or else to remainn in full force and virtue.
Signed, Sealed and Delivered by the said
in the presence of
Commissioner for Oaths
EXPLANATORY NOTE.
These Rules implement
section 7
(4) of the
Administration of Estates Act, 1959
, by adapting the procedure and practice in the grant of letters of administration to the case of real estate. The Appendix sets out in Part I the forms to be used. The forms in Part II of the Appendix are the forms of administration bond already prescribed by the President of the High Court in accordance with section 14 (3) of the 1959 Act. New forms of bond are necessary because the bond must now include a provision for the payment of death duties, income tax and sur-tax.
S.I. No. 139 of 1959.
RULES OF HIGH COURT AND SUPREME COURT HIGH COURT RULES, 1959
We, the Superior Courts Rules Committee constituted pursuant to the provisions of
Section 67
of the
Courts of Justice Act, 1936
, and reconstituted pursuant to the provisions of
Section 15
of the
Courts of Justice Act, 1953
, by virtue of the powers conferred upon us by
Section 36
of the
Courts of Justice Act, 1924
, and
Section 68
of the
Courts of Justice Act, 1936
, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.
Dated this 30th day of July, 1959.
CONCHUBHAR A. MAGUIDHIR, C.J.
JOHN O'LEARY
CAHIR DAVITT, P. THOMAS V. DAVY
THOMAS V. DAVY
CECIL LAVERY
SAMUEL V. KIRWAN
KEVIN DIXON
JAMES J. HICKEY
GEO. D, MURNAGHAN
RALPH J. WALKER
I concur in the making of the annexed Rules of Court.
Dated this 17th day of August, 1959.
SÉAMAS Ó RIAIN,
Aire Dlí agus Cirt Gníomhach.