BODIES CORPORATE (EXECUTORS AND ADMINISTRATORS) ACT, 1928

Type Act

Publication 1928-07-12

Last updated 1965-12-22

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 5

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 1965-12-22, SUCCESSION ACT, 1965

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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:—

1 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.

2 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.

3 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.

4 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.

5 Short title.

5.—This Act may be cited as the Bodies Corporate (Executors and Administrators) Act, 1928.

SCHEDULE. Rules.

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.

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.

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.

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