Dáil Éireann Debate, Tuesday - 12 February 2019
288. Deputy Charlie McConalogue asked the Minister for Justice and Equality the process in a situation in which no will relating to land is left by a deceased person in which there is no immediate family or known descendants to the deceased; if the State eventually takes control of the land in such a situation; and if he will make a statement on the matter. [6388/19]
Amharc ar fhreagraThe position is that Part VI of the Succession Act 1965 deals with the distribution of an estate on intestacy. Where a person dies without having made a will, or if the will is invalid for whatever reason, that person is deemed to have died intestate.
Section 73 of the Succession Act 1965 provides that where a person dies intestate and without known next-of-kin, the estate of that person shall be taken by the State as ultimate intestate successor. Where an estate falls to the State under section 73, it is administered by the Chief State Solicitor. Depending on the extent and nature of the estate, this process may involve the extraction of letters of administration from the High Court and advertising for next-of-kin. Where no next-of-kin can be found, the proceeds of the estate are paid into the Intestate Estates Fund Deposit Account.
Section 73(2) of the 1965 Act provides that the Minister for Public Expenditure and Reform may waive, in whole or in part and in favour of such person and upon such terms as he or she thinks proper having regard to all the circumstance's of the case, the right of the State under this section.
