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8 1959

ADMINISTRATION OF ESTATES ACT, 1959

PART I

Preliminary And General

Short title and commencement.

1. —(1) This Act may be cited as the Administration of Estates Act, 1959.

(2) (a) This Act (except Parts II and III and section 26 in Part IV) shall come into operation immediately on the passing thereof.

(b) Parts II and III and section 26 in Part IV of this Act shall come into operation on the 1st day of June, 1959.

Interpretation.

2. —(1) In this Act—

the Act of 1891” means the Registration of Title Act, 1891;

the Court” means the High Court and includes, in the case of the estate of a deceased person where the Circuit Court has jurisdiction to hear and determine a suit for the administration of the estate, the Circuit Court;

personal representative” means the executor, original or by representation, or the administrator for the time being of a deceased person;

real estate” does not include money to arise upon a trust for sale of land or money secured or charged on land;

registered land” means land the title to which is registered under the Act of 1891;

the Registry of Deeds” means the registry maintained under the Registration of Deeds Act, 1707;

the Registration of Deeds Act, 1707” means the pre-union Irish statute (6 Anne c. 2 (Ir.)) passed in the year 1707 and entitled “An Act for the Publick Registering of all Deeds, Conveyances and Wills that shall be made of any Honors, Lands, Tenements or Hereditaments”;

unregistered land” means land the title to which is not registered under the Act of 1891;

will” includes codicil.

(2) In this Act references to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment.

Operation of Parts II and III of Act.

3. Parts II and III of this Act shall not apply to the estate of any person dying before the 1st day of June, 1959.

Minor and consequential amendments.

4. —The enactments mentioned in column (2) of the First Schedule to this Act shall, as respects the estates of persons dying on or after the 1st day of June, 1959, have effect subject to the minor and consequential amendments specified in column (3) of that Schedule.

Repeals.

5. —The enactments mentioned in column (2) of the Second Schedule to this Act are, as respects the estates of persons dying on or after the 1st day of June, 1959, repealed to the extent specified in column (3) of that Schedule.