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Ireland

Bodies Corporate (Executors and Administrators) Act, 1928

In short

This law allows companies, not just individuals, to be appointed as executors of wills or administrators of a deceased person's estate. It outlines how these companies can take on these roles and what their responsibilities will be.

What it regulates

  • The granting of probate of wills to bodies corporate.
  • The granting of letters of administration of personal estates to bodies corporate.
  • The rights, liabilities, and duties of bodies corporate acting as executors or administrators.
  • The rules and procedures for bodies corporate to apply for and receive such grants.

Who it concerns

  • Bodies corporate named as executors in a will or who are the proper persons to receive letters of administration.
  • Deceased persons whose wills or personal estates are being administered.

Key points

  • A body corporate can be granted probate of a will by the High Court, either alone or jointly with other executors.
  • A body corporate can be granted letters of administration by the High Court, either alone or jointly with other proper persons.
  • A body corporate acting as an executor or administrator has the same rights, liabilities, and duties as an individual in that role.
  • A "body corporate" for the purpose of this Act must have a capital of not less than £50,000, with at least £20,000 paid up in cash.
Legal text
Legal text

Bodies Corporate (Executors and Administrators) Act, 1928 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1928 Bodies Corporate (Executors and Administrators) Act, 1928 Bodies Corporate (Executors and Administrators) Act, 1928 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 9 of 1928. BODIES CORPORATE (EXECUTORS AND ADMINISTRATORS) ACT, 1928. ARRANGEMENT OF SECTIONS Section 1. Grant of probate to a body corporate. 2. Grant of administration to a body corporate. 3. Rules for giving effect to this Act. 4. Definitions. 5. Short title. SCHEDULE. Number 9 of 1928. BODIES CORPORATE (EXECUTORS AND ADMINISTRATORS) ACT, 1928. AN ACT TO ENABLE GRANTS OF PROBATE OF THE WILLS OF DECEASED PERSONS AND OF LETTERS OF ADMINISTRATION OF THE PERSONAL ESTATES OF DECEASED PERSONS TO BE MADE TO BODIES CORPORATE. [12th July, 1928.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT ÉIREANN AS FOLLOWS:— Grant of probate to a body corporate. 1.—

(1)Where a body corporate is named as the executor or one of the executors of the will of a deceased person, probate of such will may be granted by the High Court to such body corporate by its corporate name.
(2)Where probate of a will is granted under this Act to a body corporate, such probate may, as the circumstances require, be granted to such body corporate alone or to such body corporate jointly with another executor or other executors.
(3)A body corporate to whom probate of a will is granted under this Act shall, subject to the rules contained in or made under this Act, have the same rights and be subject to the same liabilities and duties under or in respect of such probate as if it were an individual. Grant of administration to a body corporate. 2.—
(1)Where the proper person or one of the proper persons to receive a grant of letters of administration is a body corporate, the High Court may grant such letters of administration to such body corporate by its corporate name either, as the circumstances may require, alone or jointly with the other proper person or persons.
(2)A body corporate to whom letters of administration are granted under this Act shall, subject to the rules contained in or made under this Act, have the same rights and be subject to the same liabilities and duties under or in respect of such letters of administration as if it were an individual. Rules for giving effect to this Act. 3.—
(1)The rules set forth in the Schedule to this Act shall (subject to any modifications made therein under this section) have effect in relation to grants of probate and of letters of administration to bodies corporate under this Act and to applications for such grants.
(2)Rules of Court may be made for giving effect to this Act and in particular for modifying in their application to bodies corporate enactments relating to executors and administrators or either of them and for prescribing the person who is to act on behalf of a body corporate for the purpose of any oath required to be taken or any other thing required to be done by an executor or an administrator on an application for or otherwise in connection with a grant of probate or letters of administration as the case may be.
(3)Rules of Court made under this section may modify (whether by way of addition, annulment or variation) all or any of the rules set forth in the Schedule to this Act. Definitions. 4.—
(1)In this Act the expression “letters of administration” means and includes all classes of letters of administration of the personal estate or part of the personal estate of a deceased person whether with or without a will annexed and whether granted for general, special or limited purposes, and the word “administrators” where the context so admits includes persons applying for a grant of letters of administration.
(2)In this Act the expression “body corporate” means and includes only a body corporate having a capital for the time being of not less than £50,000 of which not less than £20,000 shall have been paid up in cash. Short title. 5.—This Act may be cited as the Bodies Corporate (Executors and Administrators) Act,
  1. SCHEDULE. Rules.
  2. Whenever a body corporate makes an application for a grant of probate or of letters of administration it shall appoint a person to swear on its behalf the documents necessary to lead the grant.
  3. The appointment under these rules of a person to swear documents shall in the case of a body corporate having a board of governors, board of directors or other governing body be made by resolution of such board of governors, board of directors or other governing body and in every other case shall be made by resolution of the body corporate.
  4. With every application by a body corporate for a grant of probate or of letters of administration there shall be lodged in the registry a copy (sealed with the seal of such body corporate) of the resolution appointing under these rules a person to swear the documents necessary to lead the grant. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.