Succession Act, 1965

Interpretation.

3.—(1) In this Act, except where the context otherwise requires—

“administration”, in relation to the estate of a deceased person, means letters of administration, whether with or without a will annexed, and whether granted for special or limited purposes;

“administrator” means a person to whom administration is granted;

“conveyance” includes a mortgage, charge, lease, assent, transfer, disclaimer, release and every other assurance of property by any instrument except a will;

“the court” shall be construed in accordance with section 6;

“estate” shall be construed in accordance with section 14;

“grant” means grant of representation;

“infant” means a person under the age of twenty-one years;

“an intestate” means a person who leaves no will or leaves a will but leaves undisposed of some beneficial interest in his estate, and “intestate” shall be construed accordingly;

“legal right” means the right of a spouse under section 111 to a share in the estate of a deceased person;

“the Minister” means the Minister for Justice;

“pecuniary legacy” includes an annuity, a general legacy, a demonstrative legacy so far as it is not discharged out of the designated property, and any other general direction by a testator for the payment of money, including all death duties free from which any devise, bequest, or payment is made to take effect;

“per stirpes” shall be construed in accordance with subsection (3);

“personal representative” means the executor or the administrator for the time being of a deceased person;

“possession” includes the receipt of, or the right to receive, rents and profits, if any;

“probate” means probate of a will;

“property” includes all property both real and personal;

“purchaser” means a grantee, lessee, assignee, mortgagee, chargeant or other person who in good faith acquires an estate or interest in property for valuable consideration;

“real estate” has the meaning assigned to it by section 4;

“representation” means probate or administration;

“share”, in relation to the estate of a deceased person, includes any share or interest, whether arising under a will, on intestacy or as a legal right, and includes also the right to the whole estate;

“trust corporation” has the meaning assigned to it by subsection (4) of section 30;

“valuable consideration” means consideration in money or money's worth;

“will” includes codicil.

(2) Descendants and relatives of a deceased person begotten before his death but born alive thereafter shall, for the purposes of this Act, be regarded as having been born in the lifetime of the deceased and as having survived him.

(3) Where a deceased person's estate or any share therein is to be distributed per stirpes among his issue, any issue more remote than a child of the deceased shall take through all degrees, according to their stocks, in equal shares if more than one, the share which the parent of such issue would have taken if living at the death of the deceased, and no issue of the deceased shall take if the parent of such issue is living at the death of the deceased and so capable of taking.

(4) In this Act, a reference to any enactment is to that enactment as amended or extended by any other enactment, including this Act.

(5) In this Act, a reference to a Part, section, or Schedule is to a Part, section, or Schedule of this Act, unless it is indicated that a reference to some other enactment is intended.