1965_act_27

SUCCESSION ACT, 1965

2 Articles / Provisions · Ireland

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ISB Act 1965-12-22

Schedule 1 SUCCESSION ACT, 1965 Open official source

FIRST SCHEDULE Rules as to Application of Assets Part I Rules as to payment of debts where the estate is insolvent

Rules as to Application of Assets

Part I

Rules as to payment of debts where the estate is insolvent

Section 46.

[New as to estates administered out of court]

1. The funeral, testamentary and administration expenses have priority.

2. Subject as aforesaid, the same rules shall prevail and be observed as to the respective rights of secured and unsecured creditors and as to debts and liabilities provable and as to the valuation of annuities and future and contingent liabilities, respectively, and as to the priorities of debts and liabilities as may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt.

3. In the application of the said rules the date of death shall be substituted for the date of adjudication in bankruptcy.

Part II

Order of application of assets where the estate is solvent

[New]

1. Property of the deceased undisposed of by will, subject to the retention thereout of a fund sufficient to meet any pecuniary legacies.

2. Property of the deceased not specifically devised or bequeathed but included (either by a specific or general description) in a residuary gift, subject to the retention out of such property of a fund sufficient to meet any pecuniary legacies, so far as not provided for as aforesaid.

3. Property of the deceased specifically appropriated or devised or bequeathed (either by a specific or general description) for the payment of debts.

4. Property of the deceased charged with, or devised or bequeathed (either by a specific or general description) subject to a charge for, the payment of debts.

5. The fund, if any, retained to meet pecuniary legacies.

6. Property specifically devised or bequeathed, rateably according to value.

7. Property appointed by will under a general power, rateably according to value.

8. The following provisions shall also apply—

(a) The order of application may be varied by the will of the deceased.

(b) This Part of this Schedule does not affect the liability of land to answer the death duty imposed thereon in exoneration of other assets.

ISB Act 1965-12-22

Schedule 2 SUCCESSION ACT, 1965 Open official source

SECOND SCHEDULE Repeals

Repeals

Section 8.

Part I

English Statutes

Session and Chapter

Short title or subject-matter

Extent of repeal

11 Hen. 3.

Curtesy Act, 1226.

The whole Act.

20 Hen. 3: (Statutes of Merton) (1235)

c. 1.

Writ of dower.

The whole chapter.

c. 2.

Widow's right to bequeath corn.

The whole chapter.

c. 9.

Special bastardy.

The whole chapter.

13 Edw. 1

c. 19.

Administration of Estates Act, 1285.

The whole Act.

c. 34.

Dower Act, 1285.

The whole Act.

25 Edw. 1. c. 7.

Dower Act, 1297.

The whole Act.

31 Edw. 3.

st. 1. c. 11.

Administration of Estates Act, 1357.

The whole Act.

Part II

Pre-Union Irish Statutes

Session and Chapter

Short Title

Extent of repeal

28 Hen. 8. c. 18.

Administration of Estates Act, 1537.

The whole Act.

10 Chas. 1. sess. 2. c. 1.

Statute of Uses, 1634.

Sections 5, 6 and 8.

10 Chas. 1. sess. 3. c. 10.

Administration of Estates Act, 1634.

The whole Act.

7 Will. 3

c. 6.

Statute of Distribution, 1695.

The whole Act.

c. 12.

Statute of Frauds, 1695.

In section 7, from “and if any cestuyque trust hereafter shall dye” to the end of the section. Sections 8, 19 and 20.

In section 7, from “and if any cestuyque trust hereafter shall dye” to the end of the section.

Sections 8, 19 and 20.

6 Anne c. 2.

Registration of Deeds Act, 1707.

The whole Act in so far as it relates to wills and devises.

10 Geo. 1. c. 5.

Mining Leases Act, 1723.

In section 1, from “and also to and for all and every person and persons” to “tenant in dower, or by the curtesie”. In section 3, “tenants in dower, or by the curtesie”. In section 9, “tenant in dower, or tenant by the curtesie”.

In section 1, from “and also to and for all and every person and persons” to “tenant in dower, or by the curtesie”.

In section 3, “tenants in dower, or by the curtesie”.

In section 9, “tenant in dower, or tenant by the curtesie”.

Part III

British Statutes

Session and Chapter

Short Title

Extent of repeal

38 Geo. 3. c. 87.

Administration of Estates Act, 1798.

The whole Act.

58 Geo. 3. c. 81.

Infant Executors (Ireland) Act, 1818.

The whole Act.

11 Geo. 4 & 1 Will. 4

c. 40.

Executors Act, 1830.

The whole Act.

c. 47.

Debts Recovery Act, 1830.

The whole Act.

3 & 4 Will. 4

c. 104.

Administration of Estates Act, 1833.

The whole Act.

c. 105.

Dower Act, 1833.

The whole Act.

c. 106.

Inheritance Act, 1833.

The whole Act, save so far as it may apply to the descent of an estate tail.

4 & 5 Will. 4.

c. 92.

Fines and Recoveries (Ireland) Act, 1834.

In section 25, “no woman in respect of her dower, and”.

5 & 6 Will. 4.

c. 62.

Statutory Declarations Act, 1835.

Section 16.

7 Will. 4 & 1 Vict.

c. 26.

Wills Act, 1837.

The whole Act.

1 & 2 Vict. c. 109.

Tithe Rentcharge (Ireland) Act, 1838.

In section 8, “and each tenant in dower or tenant by courtesy”.

2 & 3 Vict. c. 60.

Debts Recovery Act, 1839.

The whole Act.

3 & 4 Vict. c. 105.

Debtors (Ireland) Act, 1840.

Sections 61 and 62.

5 & 6 Vict. c. 82.

Stamp Duties (Ireland Act), 1842.

In section 35, “personal”.

11 & 12 Vict. c. 87.

Debts Recovery Act, 1848.

The whole Act.

12 & 13 Vict. c. 105.

Renewable Leasehold Conversion Act, 1849.

In section 9, from “to give dower or curtesy” to “such conversion, or”. In section 35, “or as tenant in dower or by the curtesy”.

In section 9, from “to give dower or curtesy” to “such conversion, or”.

In section 35, “or as tenant in dower or by the curtesy”.

14 & 15 Vict. c. 57.

Civil Bill Courts (Ireland) Act, 1851.

Sections 49 to 57, 108.

15 & 16 Vict. c. 24.

Wills Act Amendment Act, 1852.

The whole Act.

16 & 17 Vict. c. 113.

Common Law Procedure Amendment Act (Ireland), 1853.

Section 137.

17 & 18 Vict. c. 113.

Real Estate Charges Act, 1854.

The whole Act.

20 & 21 Vict. c. 79.

Probates and Letters of Administration Act (Ireland), 1857.

The whole Act.

22 & 23 Vict: c. 31.

Court of Probate Act (Ireland), 1859.

The whole Act.

c. 35.

Law of Property Amendment Act, 1859.

Sections 14 to 18.

Sections 19 and 20, save in so far as they may apply to the descent of an estate tail. Section 29.

Sections 19 and 20, save in so far as they may apply to the descent of an estate tail.

Section 29.

23 & 24 Vict. c. 154.

Landlord and Tenant Law Amendment Act, Ireland, 1860.

In section 9, from “and in case” to the end of the section.

24 & 25 Vict: c. 114.

Wills Act, 1861.

The whole Act.

c. 121.

Domicile Act, 1861.

The whole Act.

27 & 28 Vict. c. 99.

Civil Bill Courts Procedure Amendment Act (Ireland), 1864.

Section 42.

28 & 29 Vict. c. 72.

Navy and Marines (Wills) Act, 1865.

The whole Act.

30 & 31 Vict. c. 69.

Real Estate Charges Act, 1867.

The whole Act.

32 & 33 Vict. c. 46.

Administration of Estates Act, 1869.

The whole Act.

33 & 34 Vict: c. 46.

Landlord and Tenant (Ireland) Act, 1870.

Section 59.

c. 71.

National Debt Act, 1870.

Section 17.

In section 73, “receipt of dividends and” and “and to receipt of dividends on stock standing in the names of infants or persons of unsound mind”.

36 & 37 Vict. c. 52.

Intestates Act, 1873.

The whole Act.

38 & 39 Vict. c. 27.

Intestates Act, 1875.

The whole Act.

40 & 41 Vict: c. 18.

Settled Estates Act, 1877.

In section 46, “either in his own right or in right of his wife” and from “and also for” to “wife who is seised in fee”.

c. 34.

Real Estate Charges Act, 1877.

In section 47, from “and in the case of” to the end of the section. The whole Act. Paragraph (a) of section 33.

In section 47, from “and in the case of” to the end of the section.

The whole Act.

Paragraph (a) of section 33.

c. 56.

County Officers and Courts (Ireland) Act, 1877.

Paragraph (c) of section 40. Sections 41, 46 and 47.

Paragraph (c) of section 40.

Sections 41, 46 and 47.

44 & 45 Vict

c. 12.

Customs and Inland Revenue Act, 1881.

Section 33.

c. 41.

Conveyancing Act, 1881.

Section 30.

45 & 46 Vict: c. 29.

Country Court Amendment (Ireland) Act, 1882.

Paragraph (a) of section 10.

c. 38.

Settled Land Act, 1882.

In subsection (1) of section 58, “(viii) A tenant by the curtesy”.

c. 39.

Conveyancing Act, 1882.

Section 10 in so far as it applies to wills.

47 & 48 Vict: c. 18.

Settled Land Act, 1884.

Section 8.

c. 71.

Intestates Estates Act, 1884.

The whole Act.

56 & 57 Vict. c. 53.

Trustee Act, 1893.

Section 21 in so far as it applies to personal representatives.

57 & 58 Vict. c. 30.

Finance Act, 1894.

Section 16.

10 Edw. 7 & 1 Geo. 5. c. 8.

Finance (190910) Act, 1910.

Subsection (2) of section 61.

1 & 2 Geo. 5. c. 37.

Conveyancing Act, 1911.

Section 12.

5 & 6 Geo. 5. c. 17.

Navy and Marines (Wills) Act, 1914.

The whole Act.

7 & 8 Geo. 5. c. 58.

Wills (Soldiers and Sailors) Act, 1918.

The whole Act.

Part IV

Statutes of Saorstát Éireann and of the Oireachtas

Number and Year

Short Title

Extent of repeal

No. 27 of 1926.

Court Officers Act, 1926.

Section 56.

No. 9 of 1928.

Bodies Corporate (Executors and Administrators) Act, 1928.

The whole Act.

No. 12 of 1954.

Intestates' Estates Act, 1954.

The whole Act.

No. 6 of 1957.

Statute of Limitations, 1957.

Paragraph (d) of subsection (2) of section 2. In section 21 “co-parceners”.

Paragraph (d) of subsection (2) of section 2.

In section 21 “co-parceners”.

Sections 22, 45 and 46.

No. 8 of 1959.

Administration of Estates Act, 1959.

The whole Act.

No. 44 of 1960.

Defence (Amendment) (No. 2) Act, 1960.

Section 5.

No. 39 of 1961.

Courts (Supplemental Provisions) Act, 1961.

In the Third Schedule, the entries set out at reference numbers 16 and 17.

No. 7 of 1964.

Guardianship of Infants Act, 1964.

Subsection (7) of section 7.

No. 16 of 1964.

Registration of Title Act, 1964.

Subsection (3) of section 61. Part IV.

Subsection (3) of section 61.

Part IV.

SUCCESSION ACT, 1965

Statutory Text (2 Articles)

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