Intestates' Estates Act, 1954

Intestates' Estates Act, 1954 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.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.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1954 Intestates' Estates Act, 1954 Intestates' Estates Act, 1954 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 12 of 1954. INTESTATES' ESTATES ACT, 1954. ARRANGEMENT OF SECTIONS Section 1. Commencement. 2. Cases to which this Act applies. 3. Where property passing as on intestacy does not exceed £4,000. 4. Where property passing as on intestacy exceeds £4,000. 5. Widow's share of residue. 6. Where no heir or next of kin. 7. How realty to be valued. 8. How personalty to be valued. 9. Repeal. 10. Short title. Number 12 of 1954. INTESTATES' ESTATES ACT, 1954. 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. [23rd March, 1954.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Commencement. 1.—This Act shall come into operation on the first day of June, 1954. 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. 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. 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. (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. 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. 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. 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. 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. Repeal. 9.—The Intestates' Estates Act, 1890, is hereby repealed. Short title. 10.—This Act may be cited as the Intestates' Estates Act, 1954. 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