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Vol 21 No 9 Sept/Oct 2016

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Succession Law in Ireland: Principles, Cases and Commentary

ISBN13: 9781905536788
Published: May 2016
Publisher: Clarus Press
Country of Publication: Ireland
Format: Paperback
Price: £80.00

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Succession Law in Ireland: Principles, Cases and Commentary is not a case book in the traditional sense.

The use of cases in this work with the purpose of discerning the 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 Commentary 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.

Irish Law
Chapter 1: The Execution of Wills
Chapter 2: Testamentary Capacity and Undue Influence
Chapter 3: The Revocation and Revival of Wills
Chapter 4: Class Gifts and Powers of Appointment
Chapter 5: The Legal Right of Spouses and Civil Partners and Section 56 of the Succession Act 1965
Chapter 6: Section 117 Applications
Chapter 7: Unworthiness to Succeed and Disinheritance
Chapter 8: The Construction of Wills
Chapter 9: The Issue of Costs
Chapter 10: Equitable Concepts and Doctrines
Chapter 11: Foreign Elements
Chapter 12: A Duty of Care, Accountability and Privilege
Chapter 13: Gifts Taking Effect on Death
Chapter 14: The Validity of Proceedings
Chapter 15: The Limitation of Actions
Chapter 16: The Decision-Making Powers of the Courts