Administering an estate in the Republic of Ireland? Karl Dowling provides guidance
As the Irish continue their march across the globe, we are seeing all types of private international succession law issues arising more frequently in this jurisdiction.
The object of this article is to highlight the procedures for extracting a grant of representation in Ireland in circumstances where the deceased died possessed of property within Ireland.
Foreign domicile
When a person dies domiciled outside of the Republic of Ireland, but leaving property here, the grant will be given according to the law of the country of the deceased’s domicile at death where the property is movable, but according to Irish law ( lex situs ) where the property is immovable.
Section 102(1) of the Succession Act 1965 provides that a testamentary disposition shall be valid as regards form, if it complies with the internal law:
a. of the place where the testator made it, or
b. of a nationality possessed by the testator, either at the time when he made the disposition, or at the time of his death, or
c. of a place
