S.I. No. 488/2012 - Rules of the Superior Courts (Funds in Court) 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, by virtue of the powers conferred upon us by The Courts of Justice Act 1924 , section 36, and the Courts of Justice Act 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 12th day of July, 2012.

Susan Denham

Nicholas Kearns

William McKechnie

John Edwards

Paul McGarry

Patrick Groarke

Patrick O’Connor

Noel Rubotham

John Mahon

I concur in the making of the following Rules of Court.

Dated this 1st day of December, 2012.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 488 of 2012

RULES OF THE SUPERIOR COURTS (FUNDS IN COURT) 2012

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Funds in Court) 2012, shall come into operation on the 28th day of December, 2012.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2012.

2. The Rules of the Superior Courts are amended:

(i) in Order 67, rule 92 by the deletion of “€6,500” and the substitution therefor of “€25,000”, and in Form No. 18 in Appendix K by the deletion of “€6,500” and the substitution therefor of “€25,000”, and

(ii) in Order 77, rule 43 by the deletion of “€10,000” and the substitution therefor of “€25,000”, and in Form No. 13 in Appendix P by the deletion of “€10,000” and the substitution therefor of “€25,000”.

EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation.)

These rules amend Order 67 rule 92 and Form No. 18 Appendix K, and Order 77 rule 43 and Form No. 13 Appendix P of the Rules of the Superior Courts by increasing to €25,000 the amount which can be released to next of kin of deceased persons including wards of court without the need for letters of administration.