Wills - Irish Precedents and Drafting


Book Description

Shortlisted for the DSBA Practical Law Book of the Year Award 2020 Primarily a practical precedent book, but containing much more than just precedents, this book will prove invaluable to all legal practitioners specialising in probate and succession law. Most chapters cover a constituent part of a will, and include a commentary which summarises the applicable law and gives pointers and advice on matters to be taken into consideration and pitfalls to be avoided. Clear and concise, this title written by Brian Spierin, whose recent title Succession Act 1965 and Related Legislation: A Commentary won the DSBA practical book of year 2018, provides precedents drafted in a straightforward, modern style and annotated where necessary. Full appendices are included containing the relevant statutory provisions - which will be of use to the practitioner when drafting a will. The text of this third edition has been completely revised and includes case law up to date as of September 2020 and relevant legislation referenced up to 2020. Significant additions to this new edition include: -- Impact of the Divorce Reform -- Prevention of Benefit from Homicide - Law Reform Commission Report 114-2015 -- A new chapter on wills that deal with digital assets -- A new chapter on Mutual wills. Cases: H v H [2015] IESC 7 Laaser v Earls [2016] IECA 63 Corrigan v Corrigan IESC [2016] Nevin v Nevin [2013] IEHC 427, IECA 2017, IESC [2018]. The still relevant Cawley and others v Lillis [2011] IEHC 513 and [2012] IR 281




Wills


Book Description




Wills


Book Description

"Primarily a practical precedent book, but containing much more than just precedents, this book will prove invaluable to all legal practitioners specialising in probate and succession law. Most chapters cover a constituent part of a will, and include a commentary which summarises the applicable law and gives pointers and advice on matters to be taken into consideration and pitfalls to be avoided. Clear and concise, the precedents are drafted in a straightforward, modern style and annotated where necessary. Full appendices are included containing the relevant statutory provisions - which will be of use to the practitioner when drafting a will. "




Wills, Probate and Estates


Book Description

The fourth edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate and the administration of estates. The manual takes into account recent changes in legislation, particularly the Land and Conveyancing Law Reform Act 2009, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and certain relevant changes to the Capital Acquisitions Tax Consolidation Act 2003. The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background enabling them to draft wills and simple trusts in accordance with statute and their clients' informed instructions. The manual goes on to deal with obtaining the necessary grant of representation on the death of a client, either with or without a will, and administering such an estate. Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate or the administration of estates.




Succession Act 1965 and Related Legislation: A Commentary


Book Description

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.




Wills - Irish Precedents and Drafting and the Succession Act 1965 and Related Legislation


Book Description

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.




Succession Law


Book Description

Succession law is the law governing the devolution of property on the death of its owner. This new book provides peerless analysis of this branch of law with extensive cross-referencing to related issues such as tax, conveyancing, family law, enduring powers of attorney, limitation of actions, estate accounts, private international law and trusts. It provides the reader with in-depth coverage of key Irish judgments, statutes, court rule provisions and Court and Probate Officer practice directions. The coverage is supplemented with Court Rule prescribed forms and many non-prescribed drafted forms, titles to grants of representation and checklists, which all readers will find invaluable aids to understanding and applying succession law in practice. This highly practical book includes a chapter on will drafting and estate planning and provides 10 precedent templates covering most testator requirements: Precedent 1: All to spouse, and should spouse not survive testator by 30 days, all to two children, as substituted residuary legatees and devisees – where child predeceases, gift over to any children of predeceased child alive at date of death of deceased Precedent 2: Residue to children equally, who are minors at date of execution of will Precedent 3: Article 22 EU Succession Regulation choice of law clause, professional executor charging clause and various devises and bequests Precedent 4: Joint devise and various attestation clauses depending on disability of Testator Precedent 5: Demonstrative and charitable legacies and life and remainder interests Precedent 6: Will leaving legal right share to spouse with life estate of residue to spouse and special power of appointment amongst children of testator Precedent 7: Wills - one dealing with estate of the testator in the State only and the other dealing with his estate outside the State Precedent 8: Precedent Codicils Precedent 9: Trust Precedent 10: Discretionary Trust The book's appendices, too, contain a wealth of practical information such as: * Draft precedent titles for grants of representation. *Template proceedings, wills, forms and letters. *Practitioner, testator and legal personal representative checklists. *Unique genealogical kinship tracing diagram and table. *Probate system process maps. * Superior Court, Land Registry and Registry of Deed Rules and forms. * Non-prescribed Forms. * Sample High Court contentious probate summonses. * Law Society guidelines for solicitors drafting wills and dealing with vulnerable clients. * Practitioner guidance on costs. This title is included in Bloomsbury Professional's Irish Wills and Probate online service.




The Irish Jurist


Book Description




Drafting Trusts and Will Trusts in Northern Ireland


Book Description

Legal, tax and accountancy practitioners will find this accessible book truly indispensable. It supplies the tools and instructions that will help you build watertight trusts and will trusts in Northern Ireland. This superb book allows you to draft crisp, accurate legally binding trusts and will trusts with the minimum of research. Benefit from: - The practical precedents - use these to create accurate trusts and will trusts time after time; - The latest legislation - everything you need to know on Northern Ireland law and tax law; - All you need to know on trustees - the role and responsibilities, plus how to appoint somebody; - Key financial advice on stamp duty transactions; - A vast amount of knowledge and experience from two leading experts in this field. The main legislative change since the last edition published in 2013 has been the introduction of the complex residence nil rate band which will be covered comprehensively. Practitioners who have little involvement with inter vivos trusts will find this book invaluable for the will drafting chapters. Another important legislative change since the publication of the last edition is the Charities Act (NI) 2013 which clarified the public benefit test and which is also covered in detail in this new edition.