Succession act section 63 and 55 explanation help

[john luc]

can anyone help in explaining in plain English what these 2 sections mean. A relative who recently passed away left a will and the solicitor who wrote up the will has sent us the will. In the writing of the will the solicitor wrote

"I declare that no advancement within the meaning of section 63 of the succession act shall be brought into account in the distribution of my estate"

"I direct that in addition to all statutory powers that my executors may have they shall have the powers of appropriation under section 55 of the succession act 1965 without serving any of the notices or obtaining any of the required consents".

I have looked up the act and it is written in such a manner that a 5/8th person like myself can not make heads nor tails of it.

 

[Thirsty]

IANAL.

I think Section 63 means that if a gift was given to one of the children it is 'deducted' from the inheritance.

Best to ask the Soltr who drew up the will.

 

[Sophrosyne]

These are common enough clauses in Irish wills

Very briefly,

S 55

The inclusion of this clause allows a personal representative to appropriate any part of the estate (except specific bequests) to satisfy general bequests, without notice or consent from perhaps warring beneficiaries.


S 63

The purpose of this clause is to counteract s 63 and to have any advancements made during the testator’s lifetime disregarded in determining the child’s inheritance under the will.

In other words, if a testator wanted to leave €100,000 to a child, this clause ensures as far as possible that the child receives €100,000 and not €100,000 less the value of any gifts received during the testator’s lifetime.

 

[john luc]

Thanks that explains it better. Had an idea this was so but they way these are written they wreck your head trying to read them.