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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.
"""...the section-by-section approach to the 1965 Act means that one can immediately turn up the answer to any query..."" Wildy's Book News, 2003 Based on McGuire's seminal 1967 work, this new edition examines the Succession Act 1965 in detail and examines other related legislation which impacts upon succession, such as the Status of Children Act 1987 and the Divorce Act 1996. 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. Appendices contain the relevant Probate Office, Superior Courts and Circuit Courts forms. "
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.
Based on McGuire’s seminal 1967 work, this new edition examines the Succession Act 1965 in detail and examines other related legislation which impacts upon succession, such as the Status of Children Act 1987 and the Divorce Act 1996. 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. Appendices contain the relevant Probate Office, Superior Courts and Circuit Courts forms. Contents includes: I. Preliminary and General. II. Devolution of Real and Personal Estate on Death III. Executors and Administrators IV. Grants of Representation V. Administration of Assets VI. Distribution on Intestacy VII. Wills VIII. Conflict of Laws Relating to Testamentary Dispositions IX. Legal Right of Testator’s Spouse and Provision for Children. X. Unworthiness to Succeed and Disinheritance XI. Limitation of Actions XII. Provisions Relating to Probate Office and District Probate Registries First Schedule. Second Schedule. Appendices. EURO: 175
Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
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
The edition has been substantially re-structured, with much re-writing, to reflect major changes in law and practice since the last edition. There has been much revision of the text to reflect changes in practice resulting from the pre-contract deduction and investigation of title system introduced by the Law Society's Conditions of Sale 2019 Edition and Requisitions on Title (2019 Edition). The book explains the changes resulting from key legislation like the Land and Conveyancing Law Reform Act 2009 and Property Services (Regulation ) Act 2011. The book further incorporates the substantial case law since the last edition in which the text is frequently cited as authoritative.
This fourth edition comprehensively deals with all aspects of landlord and tenant law, both commercial and residential. It provides essential guidance for all practitioners who advise on this area of law. The book covers everything from the basics (such as explaining the nature of the relationship between landlord and tenant) to more complex matters such as when disputes arise, and the controversial subjects of rent reviews and guarantees. In this new edition the following is covered in detail for the first time: LEGISLATION Residential Tenancies (Amendment) Act 2015 Planning and Development (Housing) and Residential Tenancies Act 2016 Landlord and Tenant (Ground Rents) (Amendment) Act 2019 Housing (Standards for Rented Houses) Regulations 2017 COURT PROCEDURE Circuit Court Rules (Jurisdiction) 2017 District Court (Residential Tenancies) Rules 2018 District Court (Enforcement of Orders) Rules 2020 The fourth edition also analyses recent cases on many aspects of the law, including agreements for leases, notices to quit, application of European Convention on Human Rights, operation of Residential Tenancies Acts, forfeiture, repairing obligations, construction of leases, set-off against rent, new tenancy rights, Keep Open clauses, user covenants and restraint of trade, role and jurisdiction of experts, tenant insolvency and examinership, turnover rents, surrender by operation of law, ejectment proceedings, renunciations, quiet enjoyment and derogation from grant, Circuit Court jurisdiction, acquisition of the freehold and withholding consent to assignment. Wylie on Irish Landlord and Tenant Law has long been recognised as the definitive work on this area of law. This title is included in Bloomsbury Professional's Irish Property Law online service.
This is the eagerly awaited new edition of Law of Torts, the complete Irish tort law reference book. For this, the contents have been extensively revised since the last edition was published in 2000. Key developments are detailed and relevant recent case law is examined. This book is essential for both legal practitioners and people studying Irish law. Recent important legislation examined in the book includes: Criminal Law (Defence and the Dwelling) Act 2011, Civil Law (Miscellaneous Provisions) Act 2011, Defamation Act 2009, Consumer Protection Act 2007, Civil Liability and Courts Act 2004 and Personal Injuries Assessment Board Act 2003. Key developments and case law are examined in areas such as pure economic loss, limitations and purchase of financial products, vicarious liability for sexual assaults, damages, privacy, defamation, psychiatric injury, liability of public authorities, employers' liability, professional negligence, defective buildings and products and occupiers' liability. First published in 1980, Law of Torts has long been a cornerstone work in Irish law, indeed in the foreword to the first edition Judge Brian Walshe noted that the book represented a challenge to the 'unquestioned assumption that English text-books would satisfy all needs.' This new addition will only add to the book's long-established merit and value.
The fourth edition of Wills, Probate and Estates has been written to provide trainee solicitors with a clear and thorough understanding of current best practice in the area of wills, trusts, probate and the administration of estates. The manual takes into account recent changes in legislation, particularly the Land and Conveyancing Law Reform Act 2009, the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and certain relevant changes to the Capital Acquisitions Tax Consolidation Act 2003. The book outlines the basic elements of a will, familiarising trainees with the common law and statutory background enabling them to draft wills and simple trusts in accordance with statute and their clients' informed instructions. The manual goes on to deal with obtaining the necessary grant of representation on the death of a client, either with or without a will, and administering such an estate. Wills, Probate and Estates provides succinct and practical advice, provided by solicitors for solicitors, tackling questions of practice and procedure that are of central importance not only for students on the Professional Practice Course, but also to practitioners who deal with any area of wills, trusts, probate or the administration of estates.