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District Court Rules

Schedule: C - Forms in civil proceedings

Form: 54A.1 Summons - Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, section 194

S. I. No. 414 of 2011

SCHEDULE C

O.54A, r.5(2)


No. 54A.1

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Section 194

Summons


District Court Area of

District No.

................ Applicant

............ (as *legal personal representative *spouse *civil partner of ........... , deceased) Respondent

WHEREAS AN APPLICATION has been made by the above-named applicant, *(residing) *(carrying on profession, business or occupation) at ............. *(in court area and district aforesaid), the qualified cohabitant (within the meaning of section 172(5) of the above-mentioned Act of 2010) of ............. late of ................*(in court area and district aforesaid) who died on the ...day of ........ 20... and representation to whose estate was granted to the above-named respondent on the ..... day of ........... 20 ... for the issue of a summons seeking an order under section 194 of the above-mentioned Act for provision out of the net estate (within the meaning of section 194(11) of said Act) of the said deceased

AND WHEREAS neither the High Court nor the Circuit Court (otherwise than on appeal from the District Court) has made an order in relation to the matter

*AND WHEREAS the relationship between the applicant and the said deceased ended 2 years or more before the death of the deceased, but the applicant—

*was in receipt of periodical payments from the deceased *under an order made under section 175 of the said Act * pursuant to a cohabitants’ agreement *[or specify any other basis on which the applicant was in receipt of such periodical payments]

*had, not later than 2 years after that relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act and—

*the proceedings were pending at the time of the deceased’s death

*the order made by the court had not yet been executed at the time of the deceased’s death

*had, not later than 2 years after the relationship ended, made an application for an order under *section 174 *section 175 *section 187 of the said Act, the order was made, an application under section 173(6) was subsequently made in respect of that order and—

*the proceedings in respect of that application were pending at the time of the death, or

*the order made by the court under section 173(6) in favour of the applicant had not yet been executed.

THIS IS TO COMMAND YOU the respondent to appear at the sitting of the District Court for court area and district aforesaid to be held at ............ on the .... day of ........ 20 ... at ........ a.m./p.m. on the hearing of the said application for provision out of the net estate of the said deceased.

Dated this .... day of .......... 20.....

Signed .........................

District Court Clerk

To ..............

of ...............

the above-named respondent

*Delete words inapplicable.