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Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Succession Law in Ireland: Principles, Cases and Commentaries is not a case book in the traditional sense. The use of cases in this work is done with the purpose of discerning the key principles, criteria and prerequisites applied by the courts in arriving at their decisions, knowledge of which is essential to practitioners and students in the field of succession law. Succession Law in Ireland: Principles, Cases and Commentaries contains 16 chapters. Each chapter is structured in the following way: >the subject matter; >the legislation, principles, criteria or prerequisites relevant to the subject matter; >reference to cases and the application of principles, criteria or prerequisites to the issues, and the findings of the courts; Author's commentaries appear at the end of each chapter. The contents cover diverse topics such as: execution of wills; testamentary capacity and undue influence; the revocation and revival of wills; class gifts and powers of appointment the legal right of spouses and civil partners; s 117 applications unworthiness to succeed and disinheritance the construction of wills; the issue of costs; equitable concepts and doctrines; foreign elements; the duty of care of solicitors; accountability and privilege; gifts taking effect on death; the validity of proceedings; the limitation of actions. Instances of the type of principles, criteria and prerequisites include the Kearns' Principles devised by Kearns J (as he then was) in In the Estate of ABC, XC v RT [2003] 2 IR 250 were derived from previous cases involving s117 applications to the courts by children of testators, the Lowry Principles devised by Lowry LCJ in Heron v Ulster Bank Ltd [1974] N.I. 44 are applied in cases dealing with the construction of wills, the Fennelly Criteria in Corrigan v Martin, Unreported, High Court, Fennelly J, 13 March, 2006, are referred to whenever the provisions of s 9 of the Civil Liability Act 1961 and the periods of limitation for bringing actions against the estates of deceased persons become an issue, and the prerequisites of the equitable doctrine of proprietary estoppel formulated by Laffoy J in Coyle v Finnegan and Finnegan [2013] IEHC 463. [Subject: Irish Law, Family Law, Inheritance Law]
A comprehensive guide to the law on succession, this popular book is appreciated and relied upon by probate and succession law specialists across Ireland.
In Ireland, the Children and Family Relationships Act 2015 gives legal recognition to the diverse relationships that exist in the country. It is the most comprehensive amendment to Irish law on children and family relationships in many decades. This book examines, analyzes, and explains the new legal regime by addressing a wide range of new issues, including: parental rights in diverse family arrangements * parentage in cases of assisted reproduction * the establishment of a national donor-conceived person register * the "best interests" principle with regard to children * joint adoption for civil partners/cohabiting partners * access entitlements for a wider range of people * defined maintenance provisions for civil partners and cohabiting partners living with a child for a certain amount of time * provisions to help "make parenting work" * the formalization of the relationship between a child and their de facto parent. The book also examines the new yet different pathways to guardianship, expanding the duties, obligations, and rights of guardians and thereby further bolstering the rights of children. For the first time, non-marital fathers cohabiting for a specified period with the child's mother will be entitled to automatic guardianship. Subject: Irish Law, Children's Law, Family Law]
YOUR ONE-STOP-SHOP ON PROBATE LAW Keating's 4th edition is particularly timely and valuable given the raft of legislative changes which impacts on all aspects of probate. This new edition enables you to access the relevant information easily, due to its comprehensive coverage of probate law. RADICAL CHANGE Probate law has undergone radical change due to new legislation such as: the Land and Conveyancing Law Reform Act 2009, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and the Finance Act 2010. The 4th edition of Keating on Probate incorporates all the radical legislative changes in recent years. This edition is expanded to give greater insight and understanding into the critical areas of probate law such as: succession rights of spouses with partners, qualified cohabitants and children in the light of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, the construction of wills and probate practice generally. With several new chapters it also incorporates all relevant Irish case law developments. The detailed index and tables of legislation and cases make it easy to find the answers to your questions. 3 GOOD REASONS TO PLACE YOUR ORDER FOR KEATING ON PROBATE TODAY: 1. Ensure that you fully understand the new complexities that are introduced by the creation of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 which introduces a new array of succession rights. 2. Examines the succession rights of spouses, civil partners, cohabitants and children in separate chapters, making it simpler to get to grips with this intricate area. 3. Get a unique insight into the changes introduced by the Land and Conveyancing Law Reform Act 2009 relating to ownership of land, future interests, trusts of land, variation of trusts, powers and co-ownership which impact on probate law in the creation of devises and trusts in wills. Dr Albert Keating (BCL, LLB, LLM, DLitt, BL) is a barrister and senior lecturer in law in Waterford Institute of Technology who has published extensively in the area of Probate Law.
The Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its members. The definition of 'the family' has changed enormously over the past generation with the enactment of ground-breaking legislation which has redefined our legal understanding of what constitutes 'a family.' For example, the Marriage Act 2015, which recognizes full legal marriage between two persons of the same sex redefining the traditional definition of marriage; the Children and Family Relationships Act 2015 gives full legal recognition to children born as a result of IVF and their parents, who may not be the biological parents; the Gender Recognition Act 2015 allows transgendered persons to register their preferred gender and recognizes a marriage of a transgendered person subsequent to their change of gender. Furthermore, the law recognizes persons who live as a couple, with or without children, who are not married. The Modern Family: Relationships and the Law explains the rights and obligations of the modern Irish family. Issues such as taxation, children, relationship breakdown, rights of cohabitants, succession, IVF, and court procedures are all addressed. A useful Frequently Asked Questions is also included. This accessible book will be of great interest to members of the public seeking information on family-related legal matters, as well as for solicitors, barristers, and other legal professionals. [Subject: Family Law, Irish Law]
This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.
The first edition of this text (written by W. McGuire) was published in 1966, shortly after the Succession Act was enacted. It was then updated in 1986 by Professor R.A. Pearce. This third edition brings the work up to date and examines other related legislation which impacts upon succession, such as the Status of Children 1997 and the Divorce Act 1996. Practitioners will be familiar with its clear, concise layout and exposition on a section by section basis of the legislation.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.