Wills - Irish Precedents and Drafting

Brian Spierin

• Publisher: Bloomsbury Professional
• Year: 2020
• Edition: 3
• eBook ISBN:
  9781526512246
• Topic: Law
• Subtopic: Civil Law
• Index: Law

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 This title is included in Bloomsbury Professional's Irish Wills and Probate online service.

Table of contents

• Cover
• Dedication
• Title Page
• Foreword
• Preface to the Third Edition
• Contents
• Table of Cases
• Table of Statutes
• Table of Statutory Instruments
• Table of EU Legislation
• Table of Constitutions
• Chapter 1. Introductory Considerations
• Chapter 2. Principles of Drafting and Construction
• Chapter 3. Introductory Clauses
• Chapter 4. Revocation of Wills
• Chapter 5. Appointment of Executors, Trustees and Guardians
• Chapter 6. Legacies
• Chapter 7. Devises
• Chapter 8. Ademption, Satisfaction, Advancement and Release of Debts
• Chapter 9. Fully-Secret and Half-Secret Trusts
• Chapter 10. Residuary Bequests
• Chapter 11. Alternative Disposition or Accruer Over in the Event that a Bequest Fails
• Chapter 12. Executor and Trustee Powers
• Chapter 13. Variation of ‘Relevant Trusts’ (Under Part 5 of the Land and Conveyancing Reform Act 2009)
• Chapter 14. Miscellaneous Declarations and Directions
• Chapter 15. Attestation Clauses/Testimoniums
• Chapter 16. Complete Wills and Codicils
• Chapter 17. Mutual Wills
• Chapter 18. Digital Assets
• Appendix 1. Statutory Provisions of the Succession Act 1965 Relating to Wills
• Appendix 2. Definitions Contained in the Succession Act 1965 to which Regard should be had
• Appendix 3. Affidavits of Attesting Witness that may be Sworn at the Time the Will is Executed and Left with the Will where there is Some Unusual Circumstance Pertaining to the Execution of the Will
• Appendix 4. Affidavits of Mental Capacity to be Prepared at the Time the Will is Executed
• Appendix 5. Distribution of Estates on Intestacy where the Deceased Dies after 1 January 1967 – Taking into Account Amendments Wrought by the 2010 Act
• Appendix 6. Rights of Surviving Spouses and Civil Partners
• Appendix 7. Rights of Surviving Children where there is a Will
• Appendix 8. Provisions in Relation to Unworthiness to Succeed and Disinheritance with Precedent Affidavit
• Appendix 9. Provisions Relating to Dispositions Made for the Purposes of Disinheriting a Spouse or Children
• Appendix 10. Validity as to Form of Foreign Testamentary Documents
• Appendix 11. Disclaimer
• Appendix 12. Other Statutory Provisions and Rules of Court Relevant to the Drafting of Wills
• Appendix 13. Relevant Provisions of the Charities Act 2009
• Index
• Copyright Page