Family Rights & Wills
Succession Act 1965
Commencement.
2.—This Act shall come into operation on such day, not earlier than the 1st day of July, 1966, as the Minister by order appoints.
Annotations
Editorial Notes:
E1
Power pursuant to section exercised (1.01.1967) by Succession Act 1965 (Commencement) Order 1966, S.I. No. 168 of 1966.
2. The 1st day of January, 1967, is hereby appointed as the day on which the Succession Act, 1965 , shall come into operation.
Interpretation.
3.—(1) In this Act, except where the context otherwise requires—
F1[“Act of 2015” means the Children and Family Relationships Act 2015;]
“administration”, in relation to the estate of a deceased person, means letters of administration, whether with or without a will annexed, and whether granted for special or limited purposes;
“administrator” means a person to whom administration is granted;
F2[ ‘civil partner’ has the meaning assigned to it by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; ]
“conveyance” includes a mortgage, charge, lease, assent, transfer, disclaimer, release and every other assurance of property by any instrument except a will;
“the court” shall be construed in accordance with section 6;
“estate” shall be construed in accordance with section 14;
“grant” means grant of representation;
“infant” means a person under the age of twenty-one years;
“an intestate” means a person who leaves no will or leaves a will but leaves undisposed of some beneficial interest in his estate, and “intestate” shall be construed accordingly;
F3[“issue” shall be construed in accordance with section 4A (inserted by the Status of Children Act, 1987);]
F4[“legal right” means—
(a) the right of a spouse under section 111 to a share in the estate of a deceased person, and
(b) the right of a civil partner under section 111A to a share in the estate of a deceased person;]
“the Minister” means the Minister for Justice;
“pecuniary legacy” includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect;
“per stirpes” shall be construed in accordance with subsection (3);
“personal representative” means the executor or the administrator for the time being of a deceased person;
“possession” includes the receipt of, or the right to receive, rents and profits, if any;
“probate” means probate of a will;
“property” includes all property both real and personal;
“purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who F5[…] acquires an estate or interest in property for valuable consideration;
“real estate” has the meaning assigned to it by section 4;
“representation” means probate or administration;
“share”, in relation to the estate of a deceased person, includes any share or interest, whether arising under a will, on intestacy or as a legal right, and includes also the right to the whole estate;
“trust corporation” has the meaning assigned to it by subsection (4) of section 30;
“valuable consideration” means consideration in money or money’s worth;
“will” includes codicil.
F3[(1A) In this Act a reference, however expressed, to a person whose parents have married or have not married each other shall be construed in accordance with section 4 of the Status of Children Act, 1987.]
(2) Descendants and relatives of a deceased person begotten before his death but born alive thereafter shall, for the purposes of this Act, be regarded as having been born in the lifetime of the deceased and as having survived him.
(3) Where a deceased person’s estate or any share therein is to be distributed per stirpes among his issue, any issue more remote than a child of the deceased shall take through all degrees, according to their stocks, in equal shares if more than one, the share which the parent of such issue would have taken if living at the death of the deceased, and no issue of the deceased shall take if the parent of such issue is living at the death of the deceased and so capable of taking.
(4) In this Act, a reference to any enactment is to that enactment as amended or extended by any other enactment, including this Act.
(5) In this Act, a reference to a Part, section, or Schedule is to a Part, section, or Schedule of this Act, unless it is indicated that a reference to some other enactment is intended.
Annotations
Amendments:
F1
Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 64, S.I. No. 624 of 2019.
F2
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 69, S.I. No. 648 of 2010.
F3
Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 28(a), (b), in force as per s. 1(2)(b).
F4
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 69, S.I. No. 648 of 2010.
F5
Deleted (20.07.2008) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 67, S.I. No. 274 of 2008.
Modifications (not altering text):
C7
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:
E2
Previous affecting provision: 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).
E3
The definition of “infant” is affected (1.03.1985) by the blanket amendment in the Age of Majority Act 1985 (2/1985), s. 2, commenced as per s. 9(2).
Legal Right of Testator’s Spouse and Provision for Children
Annotations
Modifications (not altering text):
C18
Application of section affected (3.04.2010) by Capital Acquisitions Tax Consolidation Act 2003 (1/2003), s. 45AA, as inserted by Finance Act 2010 (5/2010), s. 147, commenced on enactment.
Liability of certain persons in respect of non-resident beneficiaries
45AA.— (1) Where—
(a) property passing under a deceased person’s will or intestacy or under Part IX or section 56 of the Succession Act 1965, or otherwise as a result of the death of that person, is taken by a person or persons who is or are not resident in the State,
…
then, the personal representative or one or more of the personal representatives, as the case may be, and the solicitor referred to in section 48(10), shall be assessable and chargeable for the tax payable by the person or persons referred to in paragraph (a) to the same extent that those persons are chargeable to tax under section 11.
Application of Part IX.
[New]
109.—(1) Where, after the commencement of this Act, a person dies wholly or partly testate leaving a spouse F51[or civil partner] or children or both spouse F51[or civil partner] and children, the provisions of this Part shall have effect.
(2) In this Part, references to the estate of the testator are to all estate to which he was beneficially entitled for an estate or interest not ceasing on his death and remaining after payment of all expenses, debts, and liabilities (other than estate duty) properly payable thereout.
Annotations
Amendments:
F51
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 80, S.I. No. 648 of 2010.
Legitimated, illegitimate and adopted persons.
[New]
110.—F52[…]
Annotations
Amendments:
F52
Repealed (14.06.1988) by Status of Children Act 1987 (26/1987), s. 32(h), commenced as per s. 1(2)(b).
Right of surviving spouse.
[New]
111.—(1) If the testator leaves a spouse and no children, the spouse shall have a right to one-half of the estate.
(2) If the testator leaves a spouse and children, the spouse shall have a right to one-third of the estate.
F53[
Right of surviving civil partner.
111A.— (1) If the testator leaves a civil partner and no children, the civil partner shall have a right to one-half of the estate.
set a
Annotations
Amendments:
F53
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 81, S.I. No. 648 of 2010.
Priority of legal right.
[New]
112.—The right of a spouse under section 111 F54[or the right of a civil partner under section 111A] (which shall be known as a legal right) shall have priority over devises, bequests and shares on intestacy.
Annotations
Amendments:
F54
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 82, S.I. No. 648 of 2010.
Renunciation of legal right.
[New]
113.—The legal right of a spouse may be renounced in an ante-nuptial contract made in writing between the parties to an intended marriage or may be renounced in writing by the spouse after marriage and during the lifetime of the testator.
F55[Renunciation of legal right.
113A.— The legal right of a civil partner may be renounced in an ante-civil-partnership-registration contract made in writing between the parties to an intended civil partnership or may be renounced in writing by the civil partner after registration and during the lifetime of the testator.]
Annotations
Amendments:
F55
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 83, S.I. No. 648 of 2010.
Effect of devise or bequest to spouse F56[or civil partner].
[New]
114.—(1) Where property is devised or bequeathed in a will to a spouse F56[or civil partner] and the devise or bequest is expressed in the will to be in addition to the share as a legal right of the spouse F56[or civil partner], the testator shall be deemed to have made by the will a gift to the spouse F56[or civil partner] consisting of—
(a) a sum equal to the value of the share as a legal right of the spouse F56[or civil partner], and
(b) the property so devised or bequeathed.
(2) In any other case, a devise or bequest in a will to a spouse F56[or civil partner] shall be deemed to have been intended by the testator to be in satisfaction of the share as a legal right of the spouse F56[or civil partner].
Annotations
Amendments:
F56
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 84, S.I. No. 648 of 2010.
Election between legal right and rights under a will and on partial intestacy.
[New]
115.—(1) (a) Where, under the will of a deceased person who dies wholly testate, there is a devise or bequest to a spouse F57[or civil partner], the spouse F57[or civil partner] may elect to take either that devise or bequest or the share to which he is entitled as a legal right.
(b) In default of election, the spouse F57[or civil partner] shall be entitled to take under the will, and he shall not be entitled to take any share as a legal right.
(2) (a) Where a person dies partly testate and partly intestate, a spouse F57[or civil partner] may elect to take either—
(i) his share as a legal right, or
(ii) his share under the intestacy, together with any devise or bequest to him under the will of the deceased.
(b) In default of election, the spouse F57[or civil partner] shall be entitled to take his share under the intestacy, together with any devise or bequest to him under the will, and he shall not be entitled to take any share as a legal right.
(3) A spouse F57[or civil partner], in electing to take his share as a legal right, may further elect to take any devise or bequest to him less in value than the share in partial satisfaction thereof.
(4) It shall be the duty of the personal representatives to notify the spouse F57[or civil partner] in writing of the right of election conferred by this section. The right shall not be exercisable after the expiration of six months from the receipt by the spouse F57[or civil partner] of such notification or one year from the first taking out of representation of the deceased’s estate, whichever is the later.
(5) Where the surviving spouse F57[or civil partner] is a person of unsound mind, the right of election conferred by this section may, if there is a committee of the spouse’s F57[or civil partner’s] estate, be exercised on behalf of the spouse F57[or civil partner] by the committee by leave of the court which has appointed the committee or, if there is no committee, be exercised by the High Court or, in a case within the jurisdiction of the Circuit Court, by that Court.
(6) In this section, but only in its application to a case to which subsection (1) of section 114 applies, “devise or bequest” means a gift deemed under that subsection to have been made by the will of the testator.
Annotations
Amendments:
F57
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 85, S.I. No. 648 of 2010.
Provision in satisfaction of legal right.
116.—(1) Where a testator, during his lifetime, has made permanent provision for his spouse, whether under contract or otherwise, all property which is the subject of such provision (other than periodical payments made for her maintenance during his lifetime) shall be taken as being given in or towards satisfaction of the share as a legal right of the surviving spouse.
(2) The value of the property shall be reckoned as at the date of the making of the provision.
(3) If the value of the property is equal to or greater than the share of the spouse as a legal right, the spouse shall not be entitled to take any share as a legal right.
(4) If the value of the property is less than the share of the spouse as a legal right, the spouse shall be entitled to receive in satisfaction of such share so much only of the estate as, when added to the value of the property, is sufficient, as nearly as can be estimated, to make up the full amount of that share.
(5) This section shall apply only to a provision made before the commencement of this Act.
Provision for children.
[New]
117.—(1) Where, on application by or on behalf of a child of a testator, the court is of opinion that the testator has failed in his moral duty to make proper provision for the child in accordance with his means, whether by his will or otherwise, the court may order that such provision shall be made for the child out of the estate as the court thinks just.
F58[(1A) (a) An application made under this section by virtue of Part V of the Status of Children Act, 1987, shall be considered in accordance with subsection (2) irrespective of whether the testator executed his will before or after the commencement of the said Part V.
(b) Nothing in paragraph (a) shall be construed as conferring a right to apply under this section in respect of a testator who dies before the commencement of the said Part V.]
(2) The court shall consider the application from the point of view of a prudent and just parent, taking into account the position of each of the children of the testator and any other circumstances which the court may consider of assistance in arriving at a decision that will be as fair as possible to the child to whom the application relates and to the other children.
(3) An order under this section shall not affect the legal right of a surviving spouse or, if the surviving spouse is the mother or father of the child, any devise or bequest to the spouse or any share to which the spouse is entitled on intestacy.
F59[(3A) An order under this section—
(a) where the surviving civil partner is a parent of the child, shall not affect the legal right of that surviving civil partner or any devise or bequest to the civil partner or any share to which the civil partner is entitled on intestacy, or
(b) where the surviving civil partner is not a parent of the child, shall not affect the legal right of the surviving civil partner unless the court, after consideration of all the circumstances, including the testator’s financial circumstances and his or her obligations to the surviving civil partner, is of the opinion that it would be unjust not to make the order.]
(4) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.
(5) The costs in the proceedings shall be at the discretion of the court.
(6) An order under this section shall not be made except on an application made within F60[6 months] from the first taking out of representation of the deceased’s estate.
Annotations
Amendments:
F58
Inserted (14.06.1988) by Status of Children Act 1987 (26/1987), s. 31, commenced as per s. 1(2)(b).
F59
Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 69, S.I. No. 624 of 2019.
F60
Substituted (27.02.1997) by Family Law (Divorce) Act 1996 (33/1996), s. 46, commenced as per s. 1(2).
Editorial Notes:
E12
Provisions for application by a civil partner and cohabitant for provision out of estate made (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), ss. 127 and 194 respectively, S.I. No. 648 of 2010.
E13
Provision for application by a divorced spouse for provision out of estate made (27.02.1997) by Family Law (Divorce) Act 1996, s. 18, commenced as per s. 1(3).
E14
Provision for application by a spouse divorced in another jurisdiction for provision out of estate made (1.08.1996) by Family Law Act 1995, s. 25, S.I. No. 46 of 1996.
E15
Previous affecting provision: subs. (3A) inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 86, S.I. No. 648 of 2010; substituted as per F-note above.
Estate duty.
[New]
118.—Property representing the share of a person as a legal right and property which is the subject of an order under section 117 shall bear their due proportions of the estate duty payable on the estate of the deceased.
Proceedings to be in chambers.
119.—All proceedings in relation to this Part shall be heard in chambers.
PART X
Unworthiness to Succeed and Disinheritance
Exclusion of persons from succession.
[New]
120.—(1) A sane person who has been guilty of the murder, attempted murder or manslaughter of another shall be precluded from taking any share in the estate of that other, except a share arising under a will made after the act constituting the offence, and shall not be entitled to make an application under section 117.
(2) A spouse F61[…] guilty of desertion which has continued up to the death for two years or more shall be precluded from taking any share in the estate of the deceased as a legal right or on intestacy.
F62[(2A) A deceased’s civil partner who has deserted the deceased is precluded from taking any share in the deceased’s estate as a legal right or on intestacy if the desertion continued up to the death for two years or more.]
(3) A spouse who was guilty of conduct which justified the deceased in separating and living apart from him shall be deemed to be guilty of desertion within the meaning of subsection (2).
F62[(3A) A civil partner who was guilty of conduct which justified the deceased in separating and living apart from him or her is deemed to be guilty of desertion within the meaning of subsection (2A).]
(4) A person who has been found guilty of an offence against the deceased, or against the spouse F62[or civil partner] or any child of the deceased (including a child adopted under the Adoption Acts, 1952 and 1964, and a person to whom the deceased was in loco parentis at the time of the offence), punishable by imprisonment for a maximum period of at least two years or by a more severe penalty, shall be precluded from taking any share in the estate as a legal right or from making an application under section 117.
(5) Any share which a person is precluded from taking under this section shall be distributed as if that person had died before the deceased.
Annotations
Amendments:
F61
Deleted (19.10.1989) by Judicial Separation and Family Law Reform Act 1989 (6/1989), s. 42, commenced as per s. 46(2).
F62
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 87, S.I. No. 648 of 2010.
Dispositions for purpose of disinheriting spouse or children.
[New]
121.—(1) This section applies to a disposition of property (other than a testamentary disposition or a disposition to a purchaser) under which the beneficial ownership of the property vests in possession in the donee within three years before the death of the person who made it or on his death or later.
(2) If the court is satisfied that a disposition to which this section applies was made for the purpose of defeating or substantially diminishing the share of the disponer’s spouse F63[or civil partner], whether as a legal right or on intestacy, or the intestate share of any of his children, or of leaving any of his children insufficiently provided for, then, whether the disponer died testate or intestate, the court may order that the disposition shall, in whole or in part, be deemed, for the purposes of Parts VI and IX, to be a devise or bequest made by him by will and to form part of his estate, and to have had no other effect.
(3) To the extent to which the court so orders, the disposition shall be deemed never to have had effect as such and the donee of the property, or any person representing or deriving title under him, shall be a debtor of the estate for such amount as the court may direct accordingly.
(4) The court may make such further order in relation to the matter as may appear to the court to be just and equitable having regard to the provisions and the spirit of this Act and to all the circumstances.
(5) Subject to subsections (6) and (7), an order may be made under this section—
(a) in the interest of the spouse F63[or civil partner], on the application of the spouse F63[or civil partner] or the personal representative of the deceased, made within one year from the first taking out of representation,
(b) in the interest of a child, on an application under section 117.
(6) In the case of a disposition made in favour of the F64[spouse or civil partner, as the case may be,] of the disponer, an order shall not be made under this section on an application by or on behalf of a child of the disponer who is also a child of the F64[spouse or civil partner, as the case may be].
(7) An order shall not be made under this section affecting a disposition made in favour of any child of the disponer, if—
(a) the spouse F63[or civil partner] of the disponer was dead when the disposition was made, or
(b) the spouse F63[or civil partner] was alive when the disposition was made but was a person who, if the disponer had then died, would have been precluded under any of the provisions of section 120 from taking a share in his estate, or
(c) the spouse F63[or civil partner] was alive when the disposition was made and consented in writing to it.
(8) If the donee disposes of the property to a purchaser, this section shall cease to apply to the property and shall apply instead to the consideration given by the purchaser.
(9) Accrual by survivorship on the death of a joint tenant of property shall, for the purposes of this section, be deemed to be a vesting of the beneficial ownership of the entire property in the survivor.
(10) In this section “disposition” includes a donatio mortis causa.