Succession Act 1965 and Related Legislation: A Commentary

By: Brian Spierin
ISBN: 9781784518073

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About Succession Act 1965 and Related Legislation: A Commentary

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... Read more

About Succession Act 1965 and Related Legislation: A Commentary

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.

Table of 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

Publishing Details

Publication Date: 29 May 2017
ISBN: 9781784518073
Binding: Hardback
Edition: 5
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