header-logo header-logo

Emerald advice

28 March 2014 / Karl Dowling
Issue: 7600 / Categories: Features , Wills & Probate
printer mail-detail

Administering an estate in the Republic of Ireland? Karl Dowling provides guidance

 

As the Irish continue their march across the globe, we are seeing all types of private international succession law issues arising more frequently in this jurisdiction.

The object of this article is to highlight the procedures for extracting a grant of representation in Ireland in circumstances where the deceased died possessed of property within Ireland.

Foreign domicile

When a person dies domiciled outside of the Republic of Ireland, but leaving property here, the grant will be given according to the law of the country of the deceased’s domicile at death where the property is movable, but according to Irish law ( lex situs ) where the property is immovable.

Section 102(1) of the Succession Act 1965 provides that a testamentary disposition shall be valid as regards form, if it complies with the internal law:

a. of the place where the testator made it, or

b. of a nationality possessed by the testator, either at the time when he made the disposition, or at the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
back-to-top-scroll