Intestates' Estates Act, 1954
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No. 12/1954: INTESTATES' ESTATES ACT, 1954 |
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ARRANGEMENT OF SECTIONS |
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3 Where property passing as on intestacy does not exceed £4,000. |
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AN ACT TO MAKE BETTER PROVISION FOR THE WIDOWS OF PERSONS DYING INTESTATE AS TO THE WHOLE OR PART OF THEIR PROPERTY AND LEAVING NO ISSUE. |
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[23rd March, 1954.] |
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BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— |
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| Commencement. |
1.—This Act shall come into operation on the first day of June, 1954. |
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| Cases to which this Act applies. |
2.—Where, after the commencement of this Act, a man dies intestate as to the whole or part of his property, real or personal, leaving a widow but no issue, the provisions of this Act shall apply. |
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| Where property passing as on intestacy does not exceed £4,000. |
3.—If the net value of the property as to which there is an intestacy does not exceed four thousand pounds, the property shall belong to the widow absolutely and exclusively. |
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| Where property passing as on intestacy exceeds £4,000. |
4.—(1) If the net value of the property as to which there is an intestacy exceeds four thousand pounds, the widow shall be entitled to four thousand pounds part thereof absolutely and exclusively and shall have a charge on the whole of such property for such four thousand pounds, with interest thereon from the date of the death at four per cent per annum until payment. |
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(2) As between the real and personal representatives of the deceased, such charge shall be borne and paid in proportion to the values of the real and personal estates respectively as to which he dies intestate. |
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| Widow's share of residue. |
5.—The provision for the widow made by section 4 is in addition and without prejudice to her interest and share in the residue of the property remaining after payment of the sum of four thousand pounds, in the same way as if such residue had been the whole of the deceased's estate and that section had not been passed. |
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| Where no heir or next of kin. |
6.—Any property which, for want of an heir or of next of kin, would but for this section pass to the State shall belong to the widow absolutely and exclusively. |
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| How realty to be valued. |
7.—The net value of real estate shall for the purposes of this Act be ascertained in the case of a fee simple by deducting from the gross value thereof the gross amount of any mortgage or other principal sum charged thereon, and the value of any annuity or other periodical payment chargeable thereon, to be valued according to the tables and rules in the Schedule to the Succession Duty Act, 1853, and in the case of an estate for life according to the said tables and rules. |
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| How personalty to be valued. |
8.—The net value of personal estate shall for the purposes of this Act be ascertained by deducting from the gross value thereof all debts, funeral and testamentary expenses of the deceased, and all other lawful liabilities and charges to which the said personal estate is subject. |
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| Repeal. |
9.—The Intestates' Estates Act, 1890, is hereby repealed. |
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| Short title. |
10.—This Act may be cited as the Intestates' Estates Act, 1954 . |
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