Succession Law In Ireland

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Succession Law in Ireland: Principles, Cases and Commentaries is not a case book in the traditional sense. The use of cases in this work is done with the purpose of discerning the key principles, criteria and prerequisites applied by the courts in arriving at their decisions, knowledge of which is essential to practitioners and students in the field of succession law. Succession Law in Ireland: Principles, Cases and Commentaries contains 16 chapters. Each chapter is structured in the following way: >the subject matter; >the legislation, principles, criteria or prerequisites relevant to the subject matter; >reference to cases and the application of principles, criteria or prerequisites to the issues, and the findings of the courts; Author's commentaries appear at the end of each chapter. The contents cover diverse topics such as: execution of wills; testamentary capacity and undue influence; the revocation and revival of wills; class gifts and powers of appointment the legal right of spouses and civil partners; s 117 applications unworthiness to succeed and disinheritance the construction of wills; the issue of costs; equitable concepts and doctrines; foreign elements; the duty of care of solicitors; accountability and privilege; gifts taking effect on death; the validity of proceedings; the limitation of actions. Instances of the type of principles, criteria and prerequisites include the Kearns' Principles devised by Kearns J (as he then was) in In the Estate of ABC, XC v RT [2003] 2 IR 250 were derived from previous cases involving s117 applications to the courts by children of testators, the Lowry Principles devised by Lowry LCJ in Heron v Ulster Bank Ltd [1974] N.I. 44 are applied in cases dealing with the construction of wills, the Fennelly Criteria in Corrigan v Martin, Unreported, High Court, Fennelly J, 13 March, 2006, are referred to whenever the provisions of s 9 of the Civil Liability Act 1961 and the periods of limitation for bringing actions against the estates of deceased persons become an issue, and the prerequisites of the equitable doctrine of proprietary estoppel formulated by Laffoy J in Coyle v Finnegan and Finnegan [2013] IEHC 463. [Subject: Irish Law, Family Law, Inheritance Law]

A comprehensive guide to the law on succession, this popular book is appreciated and relied upon by probate and succession law specialists across Ireland.

The first edition of this text (written by W. McGuire) was published in 1966, shortly after the Succession Act was enacted. It was then updated in 1986 by Professor R.A. Pearce. This third edition brings the work up to date and examines other related legislation which impacts upon succession, such as the Status of Children 1997 and the Divorce Act 1996. Practitioners will be familiar with its clear, concise layout and exposition on a section by section basis of the legislation.

The Succession Act 1965 became operative on the 1 January 1967, and was accompanied by McGuire's seminal work of commentary on the Act. Now fifty years on, this commentary is in its this fifth edition, and continues to be a cornerstone work, examining the Succession Act 1965 in detail along with other related legislation which impacts upon succession. Each section of the 1965 Act (as amended) is set out in full, and followed by a detailed narrative commentary which explains the sections and examines how they have been interpreted by the courts. Up-to-date appendices contain the relevant Probate Office, Superior Courts and Circuit Courts forms. Written by one of the leading experts in the field, the aim of this book is to make it as accessible as possible in assisting solicitors, barristers and judges alike. The Succession Act has long acted as a weathervane of social change in Ireland, taking into account changes such as the status of illegitimacy and the introduction of divorce. This new edition these into account most recent social and constitutional changes which have impacted the law of succession, including the introduction of marriage equality. Includes the following important cases: DPP v Heather Perrin Nevin v Nevin Cawley v Lillis.

Based on McGuire’s seminal 1967 work, this new edition examines the Succession Act 1965 in detail and examines other related legislation which impacts upon succession, such as the Status of Children Act 1987 and the Divorce Act 1996. Each section of the 1965 Act (as amended) is set out in full, and followed by a detailed narrative commentary which explains the sections and examines how they have been interpreted by the courts. Appendices contain the relevant Probate Office, Superior Courts and Circuit Courts forms. Contents includes: I. Preliminary and General. II. Devolution of Real and Personal Estate on Death III. Executors and Administrators IV. Grants of Representation V. Administration of Assets VI. Distribution on Intestacy VII. Wills VIII. Conflict of Laws Relating to Testamentary Dispositions IX. Legal Right of Testator’s Spouse and Provision for Children. X. Unworthiness to Succeed and Disinheritance XI. Limitation of Actions XII. Provisions Relating to Probate Office and District Probate Registries First Schedule. Second Schedule. Appendices. EURO: 175

This special offer comprises the title The Succession Act 1965 and Related Legislation, together with Brian Spierin's earlier title Wills - Irish Precedents and Drafting. Purchased together they should provide the busy practitioner with all the relevant information on the law relating to succession and clear advice on drafting a will.