Intestacy – No Will
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).
Meaning of “real estate” and “estate or interest”.
PART II
Devolution of Real and Personal Estate on Death
Devolution of real and personal estate.
[1881 (c. 41) s. 30; 1959 (No. 8) ss. 6, 7 (1), 15 (pt.)]
10.—(1) The real and personal estate of a deceased person shall on his death, notwithstanding any testamentary disposition, devolve on and become vested in his personal representatives.
(2) The personal representatives for the time being of a deceased person are deemed in law his heirs and assigns within the meaning of all trusts and powers.
(3) The personal representatives shall be the representatives of the deceased in regard to his real and personal estate and shall hold the estate as trustees for the persons by law entitled thereto.
(4) The references in this section to the real and personal estate of a deceased person are to property to which he was entitled for an estate or interest not ceasing on his death, and include property over which he exercised by will a general power of appointment.
(5) This section shall apply to property vested on any trust in a deceased person solely, as it applies to his real and personal estate.
Abolition of existing rules of descent, escheat, etc.
[New]
11.—(1) Without prejudice to the succeeding provisions of this section, all existing rules, modes and canons of descent and of devolution by special occupancy are hereby abolished except in so far as they may apply to the descent of an estate tail.
(2) Dower and tenancy by the curtesy are hereby abolished.
(3) Escheat to the State and escheat to a mesne lord for want of heirs are hereby abolished.
Further assimilation of law respecting real and personal estates of deceased persons.
[1959 (No. 8) s. 7 (2)]
12.—(1) All enactments (including this Act) and rules of law relating to—
(a) the effect of representation as respects personal estate,
(b) the dealing with personal estate before representation,
(c) the powers, rights, duties, and liabilities of personal representatives in respect of personal estate,
(d) the payment of costs of administration, and
(e) all other matters with respect to the administration of personal estate,
shall, so far as applicable, apply to real estate as if it were personal estate; and subsequent provisions of this section shall not prejudice the generality of this subsection.
(2) All jurisdiction of any court with respect to the appointment of administrators or otherwise with respect to the grant of representation as respects personal estate shall extend over, and be exercisable in relation to, real estate as if it were personal estate and the rights, as respects citations to see proceedings, of persons interested or claiming to be interested in the real estate of a deceased person shall be the same as those of persons interested or claiming to be interested in the personal estate of that deceased person.
(3) A grant of representation shall, unless containing an express limitation to the contrary, have effect as well over the real as over the personal estate.
Vesting of estate between death and grant of administration.
[1959 (No. 8) s. 13]
13.—Where a person dies intestate, or dies testate but leaving no executor surviving him, his real and personal estate, until administration is granted in respect thereof, shall vest in the President of the High Court who, for this purpose, shall be a corporation sole.
Construction of references to estates of deceased persons.
[New]
14.—References in the subsequent provisions of this Act and in any subsequent enactment to the estate of a deceased person shall, unless the contrary intention appears, include references to both the real and personal estate of that deceased person.
Construction of references to heirs.
[1891 (c. 66) s. 89]
15.—(1) The word “heir” or “heirs”, used as a word of limitation in any enactment, deed or instrument passed or executed either before or after the commencement of this Act, shall have the same effect as if this Act had not been passed.
(2) The word “heir” or “heirs”, used as a word of purchase in any enactment, deed or instrument passed or executed before the commencement of this Act, shall bear the same meaning as if this Act had not been passed.
(3) The word “heir” or “heirs”, used as a word of purchase in any enactment, deed or instrument passed or executed after the commencement of this Act, shall, unless the contrary intention appears, be construed to mean the person or persons, other than a creditor, who would be beneficially entitled under Part VI to the estate of the ancestor if the ancestor had died intestate.
(4) Subject as aforesaid, references in any enactment, deed or instrument passed or executed either before or after the commencement of this Act to the heirs of any person shall be construed to refer to his personal representatives.
Part VI
Rules for distribution on intestacy.
66.—All estate to which a deceased person was beneficially entitled for an estate or interest not ceasing on his death and as to which he dies intestate after the commencement of this Act shall, after payment of all expenses, debts and liabilities and any legal right properly payable thereout, be distributed in accordance with this Part.
Shares of surviving spouse and issue.
[New. See 1695 (c. 6) ss. 1, 2, 3]
67.—(1) If an intestate dies leaving a spouse and no issue, the spouse shall take the whole estate.
(2) If an intestate dies leaving a spouse and issue—
(a) the spouse shall take two-thirds of the estate, and
(b) the remainder shall be distributed among the issue in accordance with F30[section 67B(2)].
(3) F31[…]
(4) F31[…]
Annotations
Amendments:
F30
Substituted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 72(a), S.I. No. 648 of 2010.
F31
Repealed (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 72(b), S.I. No. 648 of 2010.
F32[
Shares of surviving civil partner and issue
67A.— (1) If an intestate dies leaving a civil partner and no issue, the civil partner shall take the whole estate.
(2) If an intestate dies leaving a civil partner and issue—
(a) F33[subject to subsections (3), (3A) (inserted by section 67(c) of the Act of 2015), (4), (5), (6) and (7)], the civil partner shall take two-thirds of the estate; and
(b) the remainder shall be distributed among the issue in accordance with section 67B(2).
(3) F33[Subject to subsection (3A), the court may], on the application by or on behalf of a child of an intestate who dies leaving a civil partner and one or more children, order that provision be made for that child out of the intestate’s estate only if the court is of the opinion that it would be unjust not to make the order, after considering all the circumstances, including—
(a) the extent to which the intestate has made provision for that child during the intestate’s lifetime,
(b) the age and reasonable financial requirements of that child,
(c) the intestate’s financial situation, and
(d) the intestate’s obligations to the civil partner.
F34[(3A) An application may not be made under subsection (3) by or on behalf of a child of an intestate where that child is also the child of the surviving civil partner.]
(4) The court, in ordering provision of an amount under subsection (3) shall ensure that—
(a) the amount to which any issue of the intestate is entitled shall not be less than that to which he or she would have been entitled had no such order been made, and
(b) the amount provided shall not be greater than the amount to which the applicant would have been entitled had the intestate died leaving neither spouse nor civil partner.
(5) Rules of court shall provide for the conduct of proceedings under this section in a summary manner.
(6) The costs in the proceedings shall be at the discretion of the court.
(7) An order under this section shall not be made except on an application made within 6 months from the first taking out of representation of the deceased’s estate.]
Annotations
Amendments:
F32
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010(24/2010), s. 73, S.I. No. 648 of 2010.
F33
Substituted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 67(a) and (b), S.I. No. 624 of 2019.
F34
Inserted (4.05.2020) by Children and Family Relationships Act 2015 (9/2015), s. 67(c), S.I. No. 624 of 2019.
F35[
Share of issue where no surviving spouse or surviving civil partner.
67B.— (1) If an intestate dies leaving issue and no spouse or civil partner, the estate shall be distributed among the issue in accordance with subsection (2).
(2) If all the issue are in equal degree of relationship to the deceased the distribution shall be in equal shares among them; if they are not, it shall be per stirpes.]
Annotations
Amendments:
F35
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 73, S.I. No. 648 of 2010.
Shares of parents.
[New. See 1695 (c. 6) ss. 3, 8]
68.—F36[(1)] F37[Subject to this section, if an intestate dies] leaving neither spouse F38[nor civil partner] nor issue, his estate shall be distributed between his parents in equal shares if both survive the intestate, but, if only one parent survives, that parent shall take the whole estate.
F39[(2) If an intestate who is an affected person dies leaving neither spouse nor civil partner nor issue, his or her estate shall be distributed between each person who is his or her surviving parent in equal shares, but, if only one parent survives, that parent shall take the whole estate.
(3) Where subsection (2) applies, and a surviving parent is both the father and the social father (within the meaning of section 4B) of the intestate concerned, the estate of the intestate shall be distributed between him and the other surviving parents in equal shares, but, if he is the only surviving parent, he shall take the whole estate.]
Annotations
Amendments:
F36
Inserted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 55(a), commenced on enactment.
F37
Substituted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 55(b), commenced on enactment.
F38
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 74, S.I. No. 648 of 2010.
F39
Inserted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 55(c), commenced on enactment.
Shares of brothers and sisters and their children.
[See 1695 (c. 6) ss. 2, 3]
69.—(1) If an intestate dies leaving neither spouse F40[nor civil partner] nor issue nor parent, his estate shall be distributed between his brothers and sisters in equal shares, and, if any brother or sister does not survive the intestate, the surviving children of the deceased brother or sister shall, where any other brother or sister of the deceased survives him, take in equal shares the share that their parent would have taken if he or she had survived the intestate.
(2) If an intestate dies leaving neither spouse F40[nor civil partner] nor issue nor parent nor brother nor sister, his estate shall be distributed in equal shares among the children of his brothers and sisters.
Annotations
Amendments:
F40
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 75, S.I. No. 648 of 2010.
F41[
Share of relatives: special provision
69A.— Where, in the application of section 4B to any provision of this Part, the same person would be entitled to take, in relation to the estate of an intestate—
(a) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (a) of section 4B(1), and
(b) a share by virtue of a relationship with the intestate deduced in accordance with a determination under paragraph (b) of section 4B(1),
the person—
(i) shall take only one of the shares in the estate referred to in paragraphs (a) and (b), and
(ii) may elect to take either the share referred to in paragraph (a) or the share referred to in paragraph (b).]
Annotations:
Amendments:
F41
Inserted (30.06.2022) by Birth Information and Tracing Act 2022 (14/2022), s. 56, commenced on enactment.
Shares of next-of-kin.
[See 1695 (c. 6) ss. 2, 3]
70.—(1) If an intestate dies leaving neither spouse F42[nor civil partner] nor issue nor parent nor brother nor sister nor children of any deceased brother or sister, his estate shall, subject to the succeeding provisions of this Part, be distributed in equal shares among his next-of-kin.
(2) Representation of next-of-kin shall not be admitted amongst collaterals except in the case of children of brothers and sisters of the intestate where any other brother or sister of the intestate survives him.
Annotations
Amendments:
F42
Inserted (1.01.2011) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 76, S.I. No. 648 of 2010.
Ascertainment of next-of-kin.
[New]
71.—(1) Subject to the rights of representation mentioned in subsection (2) of section 70, the person or persons who, at the date of the death of the intestate, stand nearest in blood relationship to him shall be taken to be his next-of-kin.
(2) Degrees of blood relationship of a direct lineal ancestor shall be computed by counting upwards from the intestate to that ancestor, and degrees of blood relationship of any other relative shall be ascertained by counting upwards from the intestate to the nearest ancestor common to the intestate and that relative, and then downward from that ancestor to the relative; but, where a direct lineal ancestor and any other relative are so ascertained to be within the same degree of blood relationship to the intestate, the other relative shall be preferred to the exclusion of the direct lineal ancestor.
Half-blood.
[New as regards real estate]
72.—Relatives of the half-blood shall be treated as, and shall succeed equally with, relatives of the whole blood in the same degree.
F43[
Distribution of disclaimed estate.
72A.—Where the estate, or part of the estate, as to which a person dies intestate is disclaimed after the passing of the Family Law (Miscellaneous Provisions) Act, 1997 (otherwise than under section 73 of this Act), the estate or part, as the case may be, shall be distributed in accordance with this Part—
(a) as if the person disclaiming had died immediately before the death of the intestate, and
(b) if that person is not F44[the spouse, civil partner or a direct lineal ancestor] of the intestate, as if that person had died without leaving issue.]
Annotations
Amendments:
F43
Inserted (5.05.1997) by Family Law (Miscellaneous Provisions) Act 1997 (18/1997), s. 6, commenced on enactment.
F44
Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 68, S.I. No. 12 of 2016.
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
Number and year (1) |
Short Title (2) |
Provision (3) |
… | … | … |
No. 27 of 1965 |
Succession Act 1965 |
Section 73 |
… | … | … |
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,
…
Partial intestacy.
[1830 (c. 40)]
74.—Where the will of a testator effectively disposes of part only of his estate, the remainder shall be distributed as if he had died intestate and left no other estate.
Construction of documents.
[New]
75.—(1) References to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, after the commencement of this Act shall, unless the contrary thereby appears, be construed as references to this Part; and references in such an instrument or will to statutory next-of-kin shall, unless the contrary thereby appears, be construed as referring to the persons who would succeed on an intestacy under the foregoing provisions of this Part.
(2) Trusts declared by reference to any Statutes of Distribution in an instrument inter vivos made, or in a will coming into operation, before the commencement of this Act shall, unless the contrary thereby appears, be construed as referring to the enactments (other than the Intestates’ Estates Act, 1954) relating to the distribution of effects of intestates which were in force immediately before the commencement of this Act.