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The Law of Wills

The Law of Wills

Author: Albert Keating
Publisher: Clarus Press
ISBN: 9781911611059

Previous Edition ISBN: 1858003024
Published In: April 2018
Format: Paperback
Jurisdiction: Ireland ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,579.50

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Description
Contents

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The Law of Wills, Second Edition, is a comprehensive and in-depth account of the law of wills, including the procedures and practices required in the making of a will. Comprehensively revised since the first edition and with the inclusion of useful precedents this book will be an essential tool for every solicitors dealing with and advising on wills. Since the first edition various Act of the Oireachtas have been passed that impinge on the law of wills and the making of wills, such as the Land and Conveyancing Law Reform Act 2009, Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Charities Act 2009 and Finance Act 2010, and also Statutory Instruments, Case Law and Probate Office Updates.

The Law of Wills, Second Edition, adopts a unique three-stage approach to the making of wills. The first stage involves the taking of instructions by the testator’s solicitor for the preparation of his or her will. The second stage involves the preparation of the will in accordance with the information provided by the testator in the instructions sheet; wills precedents may be used as guidelines when “translating” the testator’s wishes into the language of wills. The third stage involves the knowledge and approval by the testator of contents of his or her will followed by the execution of the will in accordance with s.78 of the Succession Act 1965.

The Law of Wills, Second Edition, also considers in depth applications for grants of probate by executors, and the administration and distribution of a deceased’s estate. It also deals with probate actions challenging the validity of wills, administration actions by beneficiaries regarding their rights and interests in wills, s 117 applications by children of a testator for proper provisions out of the deceased’s estate, construction suits to interpret provisions of a will, and equitable claims that may be brought against the estate in the form of proprietary estoppel or remedial constructive trusts.

PART I: WILLS AND CODICILS

Instructions for Wills

The Banks v Goodfellow Test of Testamentary Capacity

Wills Precedents

The Nomination of Executors and Trustees

Principles of Knowledge and Approval

The Execution of Wills

Methods of Revocation of Wills

The Effect of Revocation Clauses in Foreign Wills on Irish Wills and Property

Conditional and Mutual Wills

Codicils

PART II: GIFTS IN WILLS AND WILLS TRUSTS