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Rules of the Superior Courts

Appendix: K

Wards of Court
[as amended by S.I. Nos. 20 of 1989 & 488 of 2012]


The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No-S.I. No. 585 Of 2001: Rules Of The Superior Courts (No. 4) (Euro Changeover), 2001



No.1 ¦ No.2 ¦ No.3 ¦ No.4 ¦ No.5 ¦ No.6 ¦ No.7 ¦ No.8 ¦ No.9 ¦ No.10 ¦ No.11 ¦ No.12 ¦ No.13 ¦ No.14 ¦ No.15 ¦ No.16 ¦ No.17 ¦ No.18 ¦ No.19

No. 1.

HEADING FOR FORMS.

THE HIGH COURT.

WARDS OF COURT.


....... 19 ....... No.

In the matter of [continue as exemplified in the following forms]


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No. 2.


O. 67, r. 4(4)

ORIGINATING PETITION FOR INQUIRY.

[Heading as in Form No. 1].


In the Matter of A.B., respondent

To the President of the High Court [or Mr. Justice ....... ].

The humble petition of C.D., of ....... showeth as follows:

1. A.B., the respondent, is [state his age, description, whether married or single] and during the past twelve months has resided at [state full particulars of residence during the period and give full postal address]. He is [state his religion, e.g., Catholic, member of the Church of Ireland, &c.]

2. He has during the past twelve months been under the care of (or residing with) [state names, addresses, descriptions and religion].

3. He has since [state approximate date] been of unsound mind and incapable of managing his person and property. He first showed signs of insanity about [state time] when he began [state symptoms as known to petitioner].

4. He has, at the petitioner's instance, been examined by two registered medical practitioners, whose affidavits deposing to his present mental condition are filed herewith.

5. The names, addresses, description and religion of his next-of-kin are as follows:—

[Set out individually]

6. His property, the total estimated value of which is [state approximately] is as follows:—

[Set out]

7. His total estimated income is [state approximately].

8. His debts, so far as the petitioner is aware, are as follows:—

[Set out]

9. Your petitioner resides at [full address] and is [give full description, stating religion]. He presents this petition as [state relationship to respondent, if any; if not related, of if there are nearer relatives, state reason why petitioner is presenting the petition].

10. Your petitioner hereby undertakes, in case this petition is dismissed or not proceeded with, to pay the costs and expenses of any visitation of the respondent, or otherwise incident to the inquiry before your Lordship.

Your petitioner therefore prays that an inquiry be had as to the soundness or unsoundness of mind of the respondent and his capacity or incapacity to manage his person and his property.

And your petitioner will ever pray.

Dated

(Signed) C.D.

Witness to signature of the said C.D.

E.F., solicitor.

[Here insert affidavit of verification as in Form No. 3].

The petition is filed on behalf of C.D. by E.F. of [address], his solicitor.


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No. 3.


O. 67, r. 4 (4)

AFFIDAVIT OF VERIFICATION.

I, C.D., the petitioner named on the above written petition [or the person bringing in the above-written statement of facts, or the solicitor having carriage in this matter], make oath and say that so much thereof [or of the above written statement of facts] as relates to my own acts and deeds is true, and so much thereof as relates to the act s and deeds of any and every other person I believe to be true.

Sworn, &c.


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No. 4.


O. 67, r. 8

ORIGINATING NOTICE OF PETITION FOR INQUIRY.

A. [To be indorsed on an attested copy of the petition and served on the respondent]

[Heading as in Form No. 1].

In the matter of A.B., respondent.

To A.B.

Take notice that a petition, of which a copy is within written, was on the ....... day of ....... 19 ....... , presented to the President of the High Court [or to Mr. Justice ....... ] by me (or C.D. of ....... ] and that by virtue of and under the same, an inquiry has been provisionally ordered as to whether you are or are not of unsound mind and incapable of managing your person and property, but that you may, in case you think fit, object to any inquiry being had, or to any declaration being made that you are of unsound mind and incapable of managing your person and property, or demand that such inquiry be had before a jury, in which case a notice of such your objection or demand must be signed by you, and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days after your receipt of this notice.

Dated

(Signed) C.D. of [or E.F., solicitor for the petitioner C.D.].

B. [To be served, if directed, on persons other than the respondent].


[Heading as in Form No. 1].

In the matter of A.B., respondent.


To X.Y., of

Take notice that a petition was, on the ....... day of ....... 19 ... presented to the President of the High Court [or to Mr. Justice ....... ] praying for an inquiry as to the soundness or unsoundness of mind of the respondent, A.B., and that by an order, dated the ....... day of ....... 19 , his Lordship has directed that such inquiry be had.

Dated

(Signed) E.F., solicitor for the petitioner C.D., of


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No. 5.


O. 67, r. 9

ORIGINATING NOTICE OF ORDER ON REPORT UNDER SECTION 12.

A. ....... [To be served on the respondent].

[Heading as in Form No. 1].

In the matter of A.B., respondent.


To A.B.

Take notice that one of the medical visitors did, on the ....... day of ....... 19 .... , make a report to the President of the High Court [orto Mr. Justice ....... ] that you are of unsound mind and incapable of managing your person and property; and take notice that, such report having been duly filed, the President [orMr. Justice ....... ] has directed that it shall stand and be proceeded upon as a petition presented in the matter of your alleged unsoundness of mind; and that therefore an inquiry has been provisionally ordered thereon by the President [orMr. Justice ....... ] as to whether or not you are of unsound mind and incapable of managing your person and property; but that in case you think fit to object to any inquiry being held, or to any declaration being made that you are of unsound mind and incapable of managing your person and property, or to demand that such inquiry may take place before a jury, a notice of such your objection or demand must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days after your receipt of this present notice.

Dated

(Signed) X.Y.*

B. [To be served, if directed, on persons other than the respondent].


[Heading as in Form No. 1].

In the matter of A.B., respondent.


To E.F., of

Take notice that by an order dated the ....... day of ....... 19.., the President of the High Court [or Mr. Justice ....... ] directed that a report of one of the medical visitors should stand and be proceeded on as a petition presented in the matter of the alleged unsoundness of mind of the respondent A.B., and that an inquiry be had as to his soundness of unsoundness of mind.

Dated

(Signed) X.Y.*

*Note.—The person to whom carriage is given by the Judge's order or, in default, the general solicitor.


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No. 6.


O. 67, rr. 10 & 18

NOTICE OF OBJECTION TO AN INQUIRY OR DEMANDING THAT AN INQUIRY BE HAD BEFORE A JURY.

_______

[Heading as in Form No. 1].

In the matter of A.B., respondent.


I, the above-named respondent, having been on the ....... day of ....... 19 ....... , served with notice of the presentation of a petition for an inquiry [or the filing of a medical visitor's report which has been directed to stand and be proceeded on as an inquiry] and of an order thereon that an inquiry has been directed whether I am of unsound mind and incapable of managing my person and property, do hereby object to any such inquiry being had or to any declaration being made that I am of unsound mind and incapable of managing my person and property [or do hereby demand that such inquiry as aforesaid be had before a jury].

Dated

(Signed) A.B.

Witness to the signature of the said A.B.,

X.Y.,

solicitor for the respondent.


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No. 7.


O. 67, r. 12

NOTICE TO BE SERVED BY THE SOLICITOR FOR THE PETITIONER, OR SOLICITOR HAVING CARRIAGE, UPON THE RESPONDENT'S ATTESTING SOLICITOR.

_______

[Address.]


day of ....... 19 .

In the matter of A.B., respondent.

Sirs,

Take notice that the petition for inquiry [or the report directed to stand and be proceeded on as a petition for inquiry] in this matter has been set down for the directions of the President of the High Court [or Mr. Justice ....... ] on the ....... day of ....... 19 ....... ; and that the President [or Mr. Justice ....... ] has been pleased to require the attendance of the respondent for personal examination at the President's Chamber, Four Courts, Dublin, on the same day at the hour of ....... in the ....... noon.

E.F., solicitor for the petitioner [or solicitor having carriage].

To X.Y.

solicitor


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No. 8.


O. 67, r. 21

ORIGINATING PETITION FOR ORDER UNDER SECTION 68.

_______

[Heading as in Form No. 1].

In the matter of A.B., respondent.


To the President of the High Court [or Mr. Justice ....... ].

The humble petition of C.D. of ....... showeth as follows:—

1. A.B., the respondent, is [state his age, his description and whether he is married or single] and during the past twelve months has resided at [state full particulars of residence during the past twelve months, and give full postal address]. He is [state his religion, e.g. Catholic, member of the Church of Ireland, &c.].

2. He has during the past twelve months been under the care of [or residing with] [state names, addresses, descriptions and religion].

3. He is of unsound mind and incapable of managing his affairs as appears from the certificate [or affidavit] of Dr. L.M. filed herewith.

4. The names, addresses, descriptions and religion of his next-of-kin are as follows:—

[Set out individually]

5. His property is as follows:—

[Set out]

6. His debts, so far as the petitioner is aware, are as follows:—

[Set out]

7. Your petitioner resides at [full address] and is [full description, stating religion]. He presents this petition as [state relationship to respondent, if any, if not related, or if there are nearer relations, state reason why petitioner is presenting the petition].

8. The following members of his family are dependent on him:—

[Set out their names and circumstances].

9. [Here give any further particulars relating to the respondent and his affairs which may be relevant to the order sought].

10. The total value of the respondent's property does not exceed £5,000 [or the annual income of his property does not exceed £300].

....... Your petitioner therefore prays that he may be appointed committee of the respondent's estate and that as such [here set out petitioner's proposals for the management of respondent's affairs, e.g. that he may be at liberty to carry on and manage the respondent's ....... business at ....... ; or to apply for and receive the respondent's pension; or that the stocks and shares, the respondent's property, may be transferred to the credit of the matter and the income thereof paid to the petitioner; or that for the purpose of providing for the immediate requirements of the respondent's dependants he may be at liberty to sell by auction the respondent's furniture and effects at present stored with ....... and apply the proceeds accordingly; or that he may be at liberty to apply any income of the respondent for his maintenance and benefit or for the maintenance of his wife and family or the education of his children, or for payment of premiums on life policies, &c.].

And your petitioner will ever pray.

Dated

(Signed) C.D.

Witness to the signature of the said C.D.

E.F., solicitor.

[Here insert affidavits of verification as in Form No. 3].

This petition is filed on behalf of C.D. the petitioner by E.F. of [address], his solicitor.


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No. 9.


O. 67, r. 22

ORIGINATING PETITION FOR ORDER UNDER SECTION 70.

_______

[Heading as in Form No. 1].

In the matter of A.B., respondent.


To the President of the High Court [or Mr. Justice ....... ].

The humble petition of C.D., of ..... showeth as follows:—

1. The respondent was, at the ....... sitting of the ....... Court at ....... on the ....... day of ....... 19 ....... , indicted for [state very briefly the offence charged] and, on being put on trial, was found to be insane and unfit to plead [or a special verdict was found that he was guilty of the said offence but was insane at time of its commission] and was accordingly ordered to be detained in custody until the pleasure of the Government should be known concerning him. He is [state his age, description, religion and whether married or single].

2. The respondent is now detained at [state where] and is still insane as appears by the certificate of Dr. L.N. [usually the medical superintendent of the hospital where the respondent is detained].

3. The respondent formerly resided at [state particulars of residence].

4. The names, addresses, descriptions and religion of his next-of-kin are as follows: [set out individually].

5. His property is as follows: [set out]. The estimated amount thereof is [set out] and of his income is [set out].

6. His debts, so far as the petitioner is aware are as follows [set out].

7. Your petitioner resides at [full address] and is [full description, stating religion]. He presents this petition as [state relationship to respondent, if any; if not related, or if there are nearer relations, state reason why petitioner is presenting the petition].

8. The following members of his family are dependent on him: [set out their names and circumstances].

9. [Here give any further particulars relating to the respondent and his affairs which may be relevant to the order sought].

Your petitioner therefore prays that he may be appointed committee of the respondent's estate and [here set out mutatis mutandis petitioner's proposals for the management of the estate as exemplified in Form No. 8].

And your petitioner will ever pray.

Dated

(Signed) C.D.

Witness to the signature of the said C.D.

E.F., solicitor.

[Here insert affidavit of verification as in Form No. 3].

This petition is filed on behalf of the petitioner C.D., by E.F. of [address] his solicitor.


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No. 10.

O. 67, r. 23

ORIGINATING NOTICE OF PETITION FOR ORDER UNDER SECTION 68 OR 70.

_______

[To be indorsed on an attested copy of the petition and served upon the respondent].


To A.B.

Take notice that a petition of which a copy is within written was, on the ....... day of ....... 19..., presented to the President of the High Court [or to Mr. Justice ....... ] and that in pursuance thereof orders may be made on the ground of your being of unsound mind and incapable of managing your affairs, for the purpose of rendering your property, or the income thereof, available for the maintenance of benefit of yourself (and your family) [or for carrying on your trade or business]; and that if you intend to object to such orders being made, notice of such your objection must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days from your receipt of the present notice.

Dated

(Signed): C.D., petitioner

[or E.F., solicitor for the petitioner].


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No. 11.

ORIGINATING NOTICE UNDER ORDER 67, RULE 30 (C).


To A.B.

Take notice that, on the ....... day of ....... 19 ....... , one of the medical visitors did report to the Registrar of Wards of Court that you were of unsound mind and incapable of managing your affairs, and that the Registrar has directed that, in pursuance of such report, an application be made to the President of the High Court [or to Mr. Justice ....... ] and that upon such application orders may be made, on the grounds of your being of unsound mind and incapable of managing your affairs, for the purpose of rendering your property or the income thereof, available for the maintenance of yourself (and your family) [or for carrying on your trade or business]; and that, if you intend to object to such orders being made, notice of such your objection should be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within seven days from your receipt of this present notice.

Dated

(Signed) E F. (solicitor having carriage)

of ....... [address].


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No. 12.


O. 67, r. 31

ORIGINATING PETITION FOR ORDER UNDER SECTION 103.

_______

[Heading as in Form No. 1].

In the matter of A.B., respondent.


To the President of the High Court [or Mr. Justice ....... ].

The humble petition of C.D., of ....... showeth as follows:—

1. A.B., the respondent is [state his age, religion, description, whether married or single] and during the past month has resided at [state particulars as to residence].

2. The names, addresses, descriptions and religion of his next-of-kin are as follows: [set out individually].

3. He has during the past month been under the care of (or residing with) [state names, addresses, description and religion].

4. His property is as follows: [set out].

5. The net estimated value of the said property is approximately [set out] and the clear net income thereof applicable to his maintenance and ordinary expenditure is [set out] per annum.

6. The respondent has become of weak mind and temporarily incapable of managing his affairs by reason of [state the illness or injury occasioning the incapacity]. It is probable that he will continue to be so incapable for a period of [set out probable duration of incapacity].

7. The presentation of this petition has become necessary by reason of the following circumstances: [set out reason].

8. It is proposed to appoint the petitioner (or E.F., of) [set out address, description, religion and occupation] to be guardian of the respondent's person and property, whose undertaking in writing to act as such guardian if appointed and to give such security as may be required accompanies this petition.

9. Notices in this matter addressed to your petitioner may be served upon X.Y., solicitor of [address].

10. Your petitioner hereby undertakes, in case this petition is dismissed or not proceeded with, to pay the costs and expenses of any visitation of the respondent, or otherwise incident to the inquiry before the Court.

Your petitioner therefore prays that he (or the said E.F.) may be appointed guardian of the respondent's person and property and that as such guardian he may be at liberty to [set out fully all directions sought as exemplified in the prayer in Form No. 8].

And your petitioner will ever pray.

Dated

(Signed) C.D.


[Here insert affidavit of verification as in Form No. 3].

This petition is filed on behalf of C.D., the petitioner, by X.Y., solicitor of [address].


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No. 13.


O. 67, r. 35

ORIGINATING NOTICE OF PETITION UNDER SECTION 103.

_______


[To be indorsed upon an attested copy of the petition and served on the respondent].

To A.B.

Take notice that a petition, of which a copy is within written, was, on the ....... day of 19 ....... , presented to the President of the High Court [or Mr. Justice ....... ], by me [or C.D.of ....... ] and that the same having been filed will in due course be considered by the President [or Mr. Justice ....... ] who may make an order thereon appointing a guardian of your person and property and giving such directions as he may deem expedient for the management of yourself and your affairs; and that before any such order is made one of the medical visitors will call on you to inquire as to the state of your health and as to the grounds, if any, for the presentation of the said petition. If you object to the making of any order as prayed in the said petition, a notice of such your objection must be signed by you and attested by your solicitor and transmitted to the Registrar of Wards of Court, Four Courts, Dublin, within four days of the visit of the medical visitor.

Dated

(Signed) X.Y.

solicitor for the petitioner C.D.


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No. 14.


O. 67, rr. 24, 30 & 36

NOTICE OF OBJECTION BY RESPONDENT TO THE MAKING OF AN ORDER UNDER SECTION 68,70, OR 103.

_______

In the matter of A.B., respondent.


I, the respondent, having on the ....... day of ....... been served with notice of the presentation of a petition [or notice of an application by C.D.] praying for an order respecting my property on the ground that I am of unsound mind and incapable of managing my affairs [or for an order appointing a guardian of my person and property on the ground that I am of weak mind and temporarily incapable of managing my affairs] do hereby object to any such order being made.

Dated

(Signed) A.B.

Witness to the signature of the said A.B.

X.Y., solicitor for the respondent.


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No. 15.


O. 67, r. 95

AFFIDAVIT OF SERVICE OF NOTICE OF ORIGINATING PETITION.

_______


A.—Where service is personal.

[Heading as in Form No. 1].

In the matter of A.B., respondent.

I, [name] of [address] aged ....... years and upwards, make oath and say as follows:—

1. On the ....... day of ....... 19 , between the hours of ....... and ....... I personally served the respondent with notice of the petition herein.

2. I effected such service at [set out the address at which service was effected] by showing him personally an attested copy of the said petition with the appropriate notice thereon indorsed, and at the same time delivering to him in person and leaving with him a true copy of the same including the indorsement.

3. On the ....... day of ....... at ....... aforesaid, being within ....... days of such service I indorsed upon the said attested copy of the petition the hour and day of the week, month, and year of such service.

4. At the time of such service I was acquainted with the appearance of the respondent.

5. Before swearing this affidavit I have marked the said attested copy of the petition with the letter "A" and have indorsed my name thereon.

Sworn &c.

B.—Where the service is not personal.


[Heading as in Form No. 1].

In the matter of A.B., respondent.

I [name] of [address] aged ....... years and upwards, make oath and say as follows:—

1. On the ....... day of ....... 19 ....... , between the hours of ....... and ....... I served the respondent with notice of the petition herein.

2. The respondent was at the time a patient resident in ....... Mental Hospital [or resident at ....... ].


or

2. The respondent's usual [or last known] place of abode within the jurisdiction is [set out address].

3. I effected such service by showing personally to G.H. the Resident Medical Superintendent of the said Mental Hospital (or other person in charge of the hospital or institution] [or an inmate of the dwellinghouse aged twenty-one years and upwards] an attested copy of the said petition with the appropriate notice thereon indorsed and at the same time delivering to him in person a true copy of the same including the indorsement. Personal service could not be effected for the following reasons [set them out].

4. On the ....... day of ....... at ....... aforesaid being within ....... days of such notice, I indorsed upon the said attested copy of the petition the hour and the day of the week, month, and year of such service.

5. At the time of such service I was acquainted with the appearance of the said G.H.

6. Before swearing this affidavit I have marked the said attested copy of the petition with the letter "A" and have indorsed my name thereon.

Sworn &c.


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No. 16.


O. 67, r. 68

RETURN TO BE MADE BY COMMITTEE OF THE ESTATE.

_______

In the matter of A.B., a ward of Court.


The committee [or receiver] of the estate of the ward is required to answer the following questions:
Questions. Answers.
1. Is all the ward's property under the care of the receiver or committee acting as receiver in this case, and included in the accounts which are passed in the Court? ...
Or invested under the orders of the Court? If not, give full particulars of any property requiring to be protected. ...
2. What was the estimated value on the 31st December last of all the property to which the ward is entitled absolutely? ...
3. What is the amount of all the charges against such property? ...
4. What is the gross annual income of the ward's property?


£
(a) From dividends on Government stock standing to credit of this matter ...
(b) From other property _____
Total gross income £ _____
5. Amount of deductions from above. (a) Head and quit rents ...
(b) Poor rates ... ...
(c) Income tax ... ...
(d) Receiver's fees ... ...
(e) Costs of passing last account (if any) ... ...
(f) Interest on charges or annuities (if any) ...
(g) Other annual ordinary expenses incidental to the management of the ward's estate ... ... ...
Note.—Such expenses not to include maintenance of ward, allowances to relatives, or expenses of new buildings or extraordinary repairs or other extraordinary expenses.
_______
Total deductions ... £ _______
Net annual income ...£ _______
Amount applied
Date of order for application
Particulars (if any) of application of such amount
________________________________________
6. What is the present annual application of the net income of the ward?
(a) For maintenance and support of ward
(b) For maintenance and support of the following relatives or persons having claims on ward
Name .... Residence
(1)
(2)
(3)
(4)
(c) Any other object
7. Is the ward's property now so managed as to produce the full income it should produce under good management? ...
8. Have you any suggestion to make as to its management, under the heads specified in question No. 4? ...
9. Does the ward get the fair benefit of the sum allowed for maintenance? ...
10. Are the arrangements for maintenance and care of the ward satisfactory? ...
11. Should any change be made in the way of increasing or reducing the sum allowed for maintenance, or in the way of regulating the mode of its application? ...
12. Are the relations of the ward, or the persons having claims on him, who have allowance for their education, support or advancement in life, still in the circumstances on account of which the allowance was originally made? ...
13. Are there any other relatives or persons who have equal or stronger claims for an allowance to be made to them? ...
Dated

(Signed)

committee [or receiver] of the estate of the said ward.

[Address]


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No. 17.


O. 67, r. 81

CONDITIONS OF SALE.

_______


Part 1. applicable to sales by public auction

1. No person shall advance less than £ ..... at each bidding.

2. The sale is subject to a reserve price for each of which has been fixed by the Registrar of Wards of Court, and the vendor reserves the right to bid up to the reserve price.

3. The purchaser shall immediately after the sale subscribe his name and address to the annexed memorandum of agreement.

4. The purchaser shall at the time of the sale pay a deposit of one-fourth of the purchase money to the auctioneer appointed by the Court to conduct the sale and to receive such deposit.

5. The Registrar will after the sale proceed to certify the result and day, the ....... day of ....... , 19 ....... , at 11.30 o'clock in the forenoon is appointed as the time at which the purchaser may if he thinks fit attend personally or by solicitor before the Registrar at the Four Courts, Dublin, on the settlement of such certificate. The certificate will then be settled and thereupon become binding without further notice or expense to the purchaser.

Part 2. Applicable to all sales

6. The vendor is a ward of Court acting by the committee of his estate under the direction of the President of the High Court [or Mr. Justice ....... ].

7. The vendor shall within four days after such certificate as aforesaid has become binding, deliver to the purchaser or his solicitor an abstract of title subject to the stipulations contained in these conditions. The purchaser shall, within fourteen days after the actual delivery of the abstract (whether the same shall have been delivered within the above-mentioned four days or not), deliver at the Dublin office of the solicitor for the vendor a statement in writing of his objections and requisitions (if any) to or on the title as deduced: and within (seven) days after the delivery of the replies thereto, the purchaser shall likewise deliver a statement of his further objections or requisitions (if any) arising on such replies. If no such objection or requisition is so stated, the title shall be considered as approved and accepted, and every objection and requisition not so delivered shall be considered as absolutely waived notwithstanding any subsequent negotiation or litigation threatened, pending or concluded; and time is to be deemed to be of the essence of this condition as well in equity as at law. For the purpose of any objection or requisition, an abstract shall be deemed perfect if it supply the information suggesting the same, though otherwise defective.

8. If the purchaser shall make and insist on any objection or requisition as to title, conveyance or otherwise which the vendor shall be unable or unwilling to remove or comply with, such purchaser may be discharged from being purchaser by an order of the President of the High Court [or Mr. Justice ....... ], and thereupon such purchaser shall be entitled to a return of his deposit, but shall not, unless otherwise ordered by the President, be entitled to any interest, costs, expenses or damages in respect of his purchase.

9. The purchaser shall, on a privity to be furnished to him by the solicitor for the vendor, pay into Court, on or before the ....... day of ....... , the balance of the purchase money (after taking credit for the amount paid as a deposit) to the credit described in the privity, and if the same is not so paid the purchaser shall pay interest at the rate of ....... per cent. per annum on the unpaid balance of the purchase money from the date aforesaid to the day on which such balance is actually paid. Upon payment of the purchase money in manner aforesaid the purchaser is to be entitled to possession or to receipt of the rents and profits as from the day so appointed as aforesaid, down to which time all outgoings are to be paid by the vendor; and such rents, profits and outgoings are, if necessary, to be apportioned by the Registrar of Wards of Court, and for this purpose such rents, profits and outgoings shall be deemed to accrue from day to day.

10. If any error, mis-statement or omission shall be found in the particular the same shall not annul the sale or entitle the purchaser to be discharged from his purchase, but a reasonable compensation shall be allowed or paid by the vendor or purchaser as the case may be, and the amount of such compensation shall be settled as hereinafter provided.

11. Any questions arising on requisitions or objections, and any claim for compensation and any other question arising out of or connected with the contract for sale (not being a question affecting the existence or validity of the contract) shall be disposed of on an application to the President of the High Court [or Mr. Justice ....... ] in the matter in which the order for sale has been made.

[Special conditions as to title, searches, &c.].

Lastly.—If the purchaser fail to comply with any of these conditions an order may be made by the President of the High Court [or Mr. Justice ....... ] for the re-sale of the lot purchased by such purchaser, and for payment by the purchaser of the deficiency (if any) in the price obtained upon such re-sale, and of all costs and expenses occasioned by such default and for the forfeiture of such purchaser's deposit.

MEMORANDUM OF AGREEMENT.

I, ....... of ....... hereby declare that I have this day become the purchaser, subject to the foregoing conditions of sale of the property described in the annexed particulars for the sum of £ ....... , and I have paid the auctioneer the sum of £ ....... as a deposit in part payment of my purchase money, and I undertake to pay the remainder of my purchase money in accordance with the within conditions of sale.

As witness my hand this ....... day of ....... 19 .
Purchase money £
Less deposit£
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Balance £
Witness:

Signature of purchaser ................

I confirm the above sale subject to the approval of the Court.

.....................

Auctioneer.

Name and address of purchaser's solicitor (if any)


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S.I. No. 488 of 2012

No. 18.


O. 67, r. 92

DECLARATION, BY RELATIVE OF WARD DYING INTESTATE, FOR THE PURPOSE OF SECURING PAYMENT, WITHOUT TAKING OUT A GRANT OF ADMINISTRATION, OF THE RESIDUE OF FUNDS IN COURT.

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[Heading as in Form No. 1].

In the matter of A.B., a ward of Court.


I [name] of [address] do solemnly and sincerely declare as follows:—

1. I am the [set out the degree of relationship to the deceased ward, e.g. widower, widow, father, son, &c., and state if nearest of kin] of A.B., deceased, the above-named ward.

2. I am entitled to take out a grant of administration to his estate; and to receive the residue of the funds in Court to the credit of this matter.

3. The funeral expenses of the deceased ward have been paid.

4. The total value of the assets of the deceased ward, including the funds in Court, does not exceed €25,000.

5. I make this solemn declaration conscientiously believing the same to be true, and by virtue of the Statutory Declaration Act, 1938; and I request that the residue of the funds to the credit of this matter in Court be paid out and remitted to me by post at the address stated below.


Declared

We certify that ....... , who has signed the above declaration, is personally known to us, and that we believe his statements to be true.
Signature ................. To be signed by two householders resident in the town or county in which declarant resides.
Address . .................
Signature .................
Address .................
Note.—the declaration may be made before a peace commissioner, commissioner to administer oaths, a notary public, or the Registrar of Wards of Court.


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No. 19.


O. 65, r. 1

ORIGINATING SUMMONS TO HAVE MINOR TAKEN INTO WARDSHIP.

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[Heading as in Form No. 1].

In the matter of A.B., a minor.


To ....... in the County of .......

This summons is to require you to attend before the Registrar of Wards of Court at his Office at the Four Courts, Dublin, on the ....... day of ....... at ....... o'clock in the forenoon at the hearing of this summons, when such order will be made and proceedings taken as the Court may think just and expedient.

BY ORDER, ....... Chief Justice of Ireland, the ....... day of ....... in the year of Our Lord, one thousand nine hundred and ....... .

This summons was issued on the application of C.D. [state relationship to minor], who seeks an order that:—

(1) The above-named minor be taken into wardship;

(2) C.D. or such other person as to the Court may seem fit be appointed guardian of the person of the said minor;

(3) C.D. or such other person as to the Court may seem fit be appointed guardian of the fortune of the said minor;

(4) all necessary inquiries be made and directions given as to the maintenance, residence and education of the said minor and as to the management of his property and income;

(5) the costs of the application be provided for.

This summons will be grounded upon the affidavit of ....... filed herein on the ....... day of ....... .

This summons was issued by ....... , whose registered place of business is at ....... solicitor for the applicant who resides at ....... and is ....... .

N.B.—This summons is required to be served not less than six days before the return day mentioned herein (exclusive of the day of service), save in so far as may be otherwise directed.


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