Brian Spierin

ISBN13: 9781526529695
Previous Edition ISBN: 9781784518073
To be Published: October 2024
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Hardback

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.

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 and Superior Court forms.

Covers the following important cases:

Naylor v Maher [2018] IECA 32
K v K [2018] IEHC 615
GS v MB [2022] IEHC 65

Contents:
Part I: Preliminary and General
Part II: Devolution of Real and Personal Estate on Death
Part III: Executors and Administrators
Part IV: Grants of Representation
Part V: Administration of Assets
Part VI: Distribution on Intestacy
Part VII: Wills
Part VIII: Conflict of Laws Relating to Testamentary Dispositions
Part IX: Legal Right of Testator's Spouse, Civil Partner and Provision for Children
Part X: Unworthiness to Succeed and Disinheritance
Part XI: Limitations of Actions
Part XII: Provisions relating to Probate Office and District Probate Registries

First Schedule: Rules as to Application of Assets
Second Schedule: Repeals

Appendices:
Appendix A: Intestacy and Legal Right
Appendix B: Comparison between Shares of Spouse/Civil Partner on Intestacy and as a Legal Right
Appendix C: Non-Contentious Probate Rules
Appendix D: Probate Forms
Appendix E: Form of Administration Bond
Appendix F: Precedent Form for Renunciation by Spouse/Civil Partner
Appendix G: Precedents for Notifications by Personal Representative
Appendix H: Unregistered Land Forms
Appendix I: Rules for Dealing with Registered Land
Appendix J: Registered Land Forms
Appendix K: Statutory Notice to Creditors
Appendix L: Duty to Publish Charitable Devises and Bequests
Appendix M: Disclaimers on Intestacy