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PROBATES AND LETTERS OF ADMINISTRATION ACT (IRELAND) 1857 - SECT 67

Heir, &c., in certain cases not to be cited, and, where not cited, not to be affected by probate.

67. Nothing herein contained shall make it necessary to cite the heir-at-law
or other persons having or pretending interest in the real estate of a
deceased person, unless it is shown to the Court and the Court is satisfied
that the deceased was at the time of his decease seised of or entitled to or
had power to appoint by will some real estate beneficially, or in any case
where the will propounded or of which the validity is in question would not in
the opinion of the Court, although established as to personalty, affect real
estate; but in every such case, and in any other case in which the Court may,
with reference to the circumstances of the property of the deceased or
otherwise, think fit, the Court may proceed without citing the heir or other
persons interested in real estate: Provided, that the probate, decree, or
order of the Court shall not in any case affect the heir or any person in
respect of his interest in real estate, unless such heir or person has been
cited or made party to the proceedings, or derives title under or through a
person so cited or made party.


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© 1857 Crown Copyright

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