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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10790
Experience:  Barrister 17 years experience
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Regarding Wills in Ireland, What does Section 63 relate to?

Customer Question

Regarding Wills in Ireland,
What does Section 63 relate to ?
What are the advantages of excluding Section 63 when drafting one's will ?
Submitted: 28 days ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 28 days ago.

1. Section 63 of the Succession Act, 1965, which operates in Ireland, operates so as to take into account any lifetime enrichment of the beneficiary of a will, when computing their share under a will. This means that the will does not operate with a clean slate, but there is a reckoning of all enrichment of the beneficiary by the testator during the testator's lifetime, when computing what the beneficiary is to receive under the will.

Expert:  Buachaill replied 28 days ago.

2. It is not a provision which has found much favour with many people making a will, because it means the testator's intentions expressed in a will, get subverted by a reckoning of all dealings between the testator and each beneficiary when computing their entitlement under a will. It is for this reason that many solicitors exclude its application as a general practice.

Expert:  Buachaill replied 28 days ago.

3. The advantage of excluding the operation of section 63 is that essentially the will deals with the assets of the testator at death and speaks as of that moment, without any reckoning of the past. The will stands on its own merits and is separate from any prior dealings between the testator and any of the beneficiaries.

Expert:  Buachaill replied 28 days ago.

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