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Dáil Éireann debate -
Tuesday, 17 Jun 1980

Vol. 322 No. 5

Written Answers. - Succession Act, 1965.

348.

asked the Minister for Justice whether he has yet considered the submissions of the Incorporated Law Society on the Succession Act, 1965; and, if so, whether he proposes to take any action with regard to these submissions.

349.

asked the Minister for Justice if he proposes to amend section 67 (2) of the Succession Act, 1965, to provide the surviving spouse, where his or her deceased partner has made no will, with a choice of either (i) receiving the dwellinghouse in which they were ordinarily resident together with household chattels and two-thirds of the remaining estate or (ii) receiving the first £15,000 of the estate together with rights of appropriation and half of the remainder.

350.

asked the Minister for Justice if he will amend section 110 of the Succession Act, 1965 to extend the definition of "child" of the deceased to embrace persons to whom the deceased stood in loco parentis.

351.

asked the Minister for Justice if, in the context of the Succession Act, 1965, he has proposals to grant personal representatives power to charge or mortgage property to pay for work which tends to enhance the value of the property.

352.

asked the Minister for Justice if he proposes to insert a provision in the Succession Act, 1965, empowering personal representatives to distribute the assets, without regard to any claim which has not been submitted within six months, proper notice of the time limit having been given to the person delaying in submitting his claim.

353.

asked the Minister for Justice if he has proposals in the context of the Succession Act, 1965, to enable an injured party to sue the estate of a deceased in respect of which no grant has been taken out by giving power to the court, on application by the claimant, to nominate a person to have possession of the assets of the deceased (that person being the Attorney-General in the case of physical assets).

354.

asked the Minister for Justice if he will amend section 19 of the Succession Act, 1965, to effect a restoration in the chain of executorship, duly modified to afford to the executor of a sole or last surviving executor the right to renounce and to require such a sole or last surviving executor's executor to renounce, where such renouncement is sought, by someone entitled to a de bonis non grant.

355.

asked the Minister for Justice if he will amend section 32 of the Succession Act, 1965, to provide that probate may be granted to any executor who has reached 18 years.

356.

asked the Minister for Justice if he will amend section 52, 53 and 54 of the Succession Act, 1965, to allow for the vesting of an estate or interest in land in someone to whom an assent in writing has not been given and to permit subsequent registration of that interest where (i) the beneficiary has been in occupation of the property for a period of six years, at least, in pursuance of legal rights or (ii) where there is no personal representative, and, but for the requirement of execution of an assent, there would be no need for the extraction of a grant.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 348 to 356, inclusive, together.

As I have explained in this House on more than one occasion I could not undertake to indicate, by way of reply to parliamentary questions, what specific legislative proposals I might have in a particular area. Any proposals I may have in relation to the subject matter of these questions will be announced, in the ordinary way, in due course.

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