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| intestate succession ireland: Succession Law in Ireland Albert Keating, 2016 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] |
| intestate succession ireland: Private International Law in Commonwealth Africa Richard Frimpong Oppong, 2013-09-12 A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law. |
| intestate succession ireland: The Succession Act 1965 and Related Legislation Brian E. Spierin, Paula Fallon, 2003 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. |
| intestate succession ireland: Law of Succession William Musyoka, 2006 This text broadly and comprehensively covers the area of law of succession in Kenya. It exposes the substantive succession legal regime applying in Kenya as well as the Kenyan probate practice. It is tailored specifically for the legal practitioner, the magistrate and judge, and the law student. Some of the key areas covered include; Testate Succession; Intestacy; Post-Mortem alterations among many others. It is currently the only text on succession law in Kenya. |
| intestate succession ireland: Keating on Probate Albert Keating (Barrister), 2019 |
| intestate succession ireland: Company Law and the Law of Succession Susanne Kalss, 2015-10-21 This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation. |
| intestate succession ireland: Family and Succession Law in England and Wales Rebecca Probert, Leanne Smith, 2024-01-28 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 England and Wales 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 England and Wales. 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. |
| intestate succession ireland: Parry & Kerridge Roger Kerridge, Alastair H. R. Brierley, 2016 Parry and Kerridge: Law of Succession has been the leading textbook on the law of succession for over 70 years, providing the detail required for a full understanding of the subject. --Publisher's website. |
| intestate succession ireland: Lectures on the Early History of Institutions Sir Henry Sumner Maine, 1875 |
| intestate succession ireland: The Industrial and Provident Societies Act, 1893 Great Britain, Co-operative Union Ltd, 1894 |
| intestate succession ireland: Marriage in Ireland, 1660–1925 Maria Luddy, Mary O'Dowd, 2020-06-25 Explores how marriage in Ireland was perceived, negotiated and controlled by church and state as well as by individuals across three centuries. |
| intestate succession ireland: The Law of Nations; Or, Principles of the Law of Nature : Applied to the Conduct and Affairs of Nations and Sovereigns. By M. de Vattel ... Translated from the French Emerich de Vattel, 1792 |
| intestate succession ireland: A Concise History of the Common Law Theodore Frank Thomas Plucknett, 2001 Originally published: 5th ed. Boston: Little, Brown and Co., 1956. |
| intestate succession ireland: The Law of Succession in South Africa Juanita Jamneck, Christa Rautenbach, 2012 |
| intestate succession ireland: Ireland Before and After the Famine Cormac Ó Gráda, 1993 This edition of Cormac O'Grada's study expands upon his central arguments about the agricultural and demographic developments surrounding the Great Irish Famine. It provides new statistical information, new appendices and integrated responses to the new research and writing on the subject that has appeared since the publication of the first edition in 1987. |
| intestate succession ireland: Property Restitution and Compensation International Organization for Migration, 2008 |
| intestate succession ireland: Report of the Committee on the Law of Intestate Succession in Northern Ireland, etc Committee on the Law of Intestate Succession in Northern Ireland, 1952 |
| intestate succession ireland: A Practical Guide to Legal Rights in Scotland Sarah-Jane MacDonald, 2022-01-31 The concept of 'legal rights' is at its heart seemingly simple; giving certain parties a fixed entitlement to a deceased's estate. Regardless of how straightforward it seems, in practice, legal rights are a veritable minefield. This book is intended to act as a roadmap to help practitioners navigate through those proverbial mines. This practical guide is designed to collate the key principles, as well as highlight some of the quirks or greyer areas where there is little or inconsistent judicial authority. Legal rights issues can broadly be split into three pillars, namely who is entitled, what they are entitled to and how legal rights are dealt with. This book will deal with each in turn, pinpointing important principles and issues, whilst providing practical solutions. The who chapters will deal with issues around modern families, minor, missing or incapax beneficiaries and duties to notify. It will then consider how the net moveable estate is ascertained, when heritable property may be moveable, when gifts may be taken into account, and what deductions are to be made. Finally, it will consider how legal rights are dealt with, including issues of forfeiture, collation, interest, the interaction with various taxes, and what planning may be undertaken to potentially mitigate such an entitlement. Whilst it is aimed at those who may have less experience in dealing with all the complexities legal rights have to offer in practice, it is also designed to be a checklist for even the most experienced practitioners. ABOUT THE AUTHOR Sarah-Jane advises on all aspects of Private Client law, with a particular interest in complex or contentious trusts and estates. She is recognised as a Key Lawyer by Legal 500 for both 'Personal Tax, Trusts & Executries' and 'Contentious Trusts & Probate'. Sarah-Jane is a full member of the Society of Trust & Estate Practitioners (STEP), having previously won a STEP Worldwide Excellence Award (Trusts Law & Practice) and gained her STEP Diploma (Scotland) and Advanced Certificate (Trust Disputes), both with distinction. She is also a current member of the STEP Scotland Branch Committee and is dedicated to furthering the profession through STEP and other avenues. Having previously achieved a First-Class Honours Degree in Mathematics & Economics, before entering her career in law, Sarah-Jane uses those problem solving skills alongside her private client experience to reach practical resolutions to disputes. She has hands-on experience in negotiation and mediation, and in 2021 won the Core at 20 Mediation Challenge. She regularly speaks about dispute resolution for trustees and executors, in particular on the many issues surrounding legal rights. |
| intestate succession ireland: Buying a House in Ireland Terry Gorry, 2016-08-01 Thinking about buying or selling a property? This step by step guide by a builder and property developer turned solicitor will help you avoid costly mistakes and ensure a sound investment Why the author is the only solicitor in Ireland with a teleporter licence, and why you benefit.Getting started-finding the right property and how to avoid a bad oneWhere to find your property, and the problem with repossessed propertiesWhat to be wary of at auctionHow to deal with the auctioneer and negotiate the best priceThe problem with buying with a friendRent or buy?How to use the internet for research and where to find the actual purchase prices of property in IrelandMortgages, and the new Central Bank regulations in relation to depositsThe types of mortgage and the difference between a mortgage and chargeSelf build houses and stage payment mortgages-how they work in practiceThe fees to expect in buying your houseWhat you need to know about planning issues and your new homeThe critical importance of a structural survey, and why it may save you a fortuneThe problem with pyrite-and how to easily avoid it What your surveyor needs to look out forCritical questions about planning permission, building regulations, and compliance certificatesWhat is conveyancing and what are the stages in a conveyance?The 2 types of registration of property ownership in IrelandThe significance of a family home and what is a family home?The different types of ownership and why you need to be crystal clear about the differenceThe practical effect of caveat emptor when buying a house in IrelandWhy buying an apartment is different from buying a houseWhy buying a new property is different from second hand propertyThe most important thing that you as a buyer must do before signing the contractWhat the vendor's solicitor doesWhat the purchaser's solicitor doesThe most important thing a purchaser should do before agreeing to buyCan a solicitor act for both parties?A comprehensive checklist for vendorsA comprehensive checklist for purchasersWhat is marketable title and why it is so importantWhat is the certificate of title system and why it is important for your protectionBonus chapter: selling your house, how to generate kerb appeal, and get the best price for your houseTerry Gorry provides a practical guide to buying a house in Ireland, and draws on his experience as a builder, property developer, and solicitor. |
| intestate succession ireland: The Law of Wills James Wigram, John P. O'Hara, 2023-06-12 Reprint of the original, first published in 1872. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost. |
| intestate succession ireland: International Succession Louis Garb, Richard Norridge, 2022-03-17 Now covering 55 jurisdictions and fully taking into account the effects of the European Succession Regulation, this new edition continues to be a valuable reference point for practitioners advising on multi-jurisdictional estates and succession. |
| intestate succession ireland: Murdoch and Hunt’s Dictionary of Irish Law Brian Hunt (Barrister-at-law), Henry J. P. Murdoch, 2016-09-15 Murdoch and Hunt's Dictionary of Irish Law defines the principal words, concepts and phrases, their legal source, whether statutory or judicial, and gives a brief introduction to the law. Now in its sixth edition and with its definitions having been cited in the Supreme Court, this book remains essential to the understanding and practice of the law. The dictionary's usefulness lies in the wealth of related information that is pulled together under subject-matter headings. The entries are usually accompanied with the relevant statutory basis, as well as related acts and even, in the case of a major topic of law, noteworthy textbooks in the area. The dictionary draws information from a range of sources including the Rules of the Superior Courts, Law Reform commission Reports, as well as Gazette and Bar Review articles. In this way the dictionary can also be used as a subject-index of Irish law which reflects the up-to-date legislative and judicial developments in each area whilst also encompassing references to academic commentaries. The layout of the dictionary has been carefully designed with alphabetical physical tabulations and bold fonts for entry titles, to ensure the ease and speed of use. The sixth edition of Murdoch and Hunt's Dictionary of Irish Law contains over 10,300 legal definitions from “a coelo usque ad centrum” to “zoonoses”. This new edition adds 533 pages, incorporating 308 acts and 6335 SIs enacted since the 5th edition's publication eight years ago. The ongoing value of the work can be seen in the 23 instances it has been cited by the superior courts in recent years. This value will only grow in this newly expanded and updated edition. |
| intestate succession ireland: The Rule Against Perpetuities John Chipman Gray, 2003 Gray, John Chipman. The Rule Against Perpetuities. Third Edition. Boston: Little, Brown and Company, 1915. xlii, 714 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002040729. ISBN 1-58477-307-3. Cloth. $125. * The first edition of this classic treatise was published in 1886. It became a standard work among conveyancers and was adopted by law schools within a few years. Considered a work of authority, it is distinguished by its organization and thoroughness as well as the extent of Gray's historical research and boldness of his analysis. |
| intestate succession ireland: Irish Conveyancing Precedents Mary Laffoy, 2006-08 This comprehensive and authoritative collection of conveyancing precedents should be on the desk of every solicitor and barrister who handles conveyancing transactions. Self-contained and fully annotated, its complete coverage ranges from the simplest transaction to the most complex commercial lease. Irish Conveyancing Precedents subscribers automatically receive a comprehensive updating issue at least once a year. The essential coverage includes agency/attorney, building schemes, conveyancing in sale, deeds, easements, exchanges, family arrangements, guarantees and indemnities, plus much more. Updates are charged for on publication. |
| intestate succession ireland: Intestacy and family provision claims on death Great Britain: Law Commission, 2011-12-14 This report makes recommendations for reform of the law and presents two draft Bills to implement the necessary changes. Firstly, The draft Inheritance and Trustees' Powers Bill includes reforms that would: ensure that where a couple are married or in a civil partnership, assets pass on intestacy to the surviving spouse in all cases where there are no children or other descendants; simplify the sharing of assets on intestacy where the deceased was survived by a spouse and children or other descendants; protect children who suffer the death of a parent from the risk of losing an inheritance from that parent in the event that they are adopted after the death; amend the legal rules which currently disadvantage unmarried fathers when a child dies intestate; remove arbitrary obstacles to family provision claims by dependants of the deceased and anyone treated by the deceased as a child of his or her family outside the context of a marriage or civil partnership; permit a claim for family provision in certain circumstances where the deceased died domiciled outside of England and Wales but left property and family members or dependants here; and reform trustees' statutory powers to use income and capital for the benefit of trust beneficiaries (subject to any express provisions in the trust instrument). Secondly, The draft Inheritance (Cohabitants) Bill contains further provisions that would give certain unmarried partners who have lived together for five years the right to inherit on each other's death under the intestacy rules. Where the couple have a child together, this entitlement would accrue after two years' cohabitation, provided the child was living with the couple when the deceased died. |
| intestate succession ireland: Report of the Committee on the Law of Intestate Succession in Northern Ireland Government of Northern Ireland, 1952 |
| intestate succession ireland: Administration and Probate Victoria, Eric Edgar Hewitt, B. D. Bongiorno, 1972 |
| intestate succession ireland: Mr. Darcy's Brides Regina Jeffers, 2017-08-13 I much prefer the sharpest criticism of a single intelligent man to the thoughtless approval of the masses. ELIZABETH BENNET is determined that she will put a stop to her mother's plans to marry off the eldest Bennet daughter to Mr. Collins, the Longbourn heir, but a man that Mr. Bennet considers an annoying dimwit. Hence, Elizabeth disguises herself as Jane and repeats her vows to the supercilious rector as if she is her sister, thereby voiding the nuptials and saving Jane from a life of drudgery. Yet, even the best laid plans can often go awry. FITZWILLIAM DARCY is desperate to find a woman who will assist him in leading his sister back to Society after Georgiana's failed elopement with Darcy's old enemy George Wickham. He is so desperate that he agrees to Lady Catherine De Bourgh's suggestion that Darcy marry her ladyship's sickly daughter Anne. Unfortunately, as he waits for his bride to join him at the altar, he realizes he has made a terrible error in judgement, but there is no means to right the wrong without ruining his cousin's reputation. Yet, even as he weighs his options, the touch of Anne's hand upon his sends an unusual zing of awareness shooting up Darcy's arm. It is only when he realizes the zing has arrived at the hand of a stranger, who has disrupted his nuptials, that he breathes both a sigh of relief and a groan of frustration, for the question remains: Is Darcy's marriage to the woman legal? What if Fitzwilliam Darcy and Elizabeth Bennet met under different circumstances than those we know from Jane Austen's classic tale: Circumstances that did not include the voices of vanity and pride and prejudice and doubt that we find in the original story? Their road to happily ever after may not, even then, be an easy one, but with the expectations of others removed from their relationship, can they learn to trust each other long enough to carve out a path to true happiness? |
| intestate succession ireland: Constitutional Law of Ireland Michael Forde, David Leonard, 2016-10-14 Originally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject. |
| intestate succession ireland: On the Death of a Parent Jane McLoughlin, 1994 This is a collection of 15 essays by contemporary writers such as Nina Bawden, Maeve Binchy, Lucy Ellmann, Shusha Guppy, Andrew Motion, Gillian Slovo and Mary Scott on the death of a parent and the profound shifts this causes in our mental landscape, forcing us to face our own maturity and mortality. A parent's death can also give us a new insight into the people they were, the people we are, and, if we have them, into the relationship we have with our children. |
| intestate succession ireland: Family and Succession Law in Ireland Paul Ward, 2017-03-06 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. |
| intestate succession ireland: Succession Law in Northern Ireland Sheena Grattan, 1996 The needs of the Northern Ireland legal profession for up-to-date material in the areas of wills, intestacy and the administration of estates have been porrly serviced in recent times. This work provides comprehensive coverage of succession law within this jurisdiction. |
| intestate succession ireland: The Irish Jurist , 1861 |
| intestate succession ireland: A Handbook of Bankers' Law Henry Robertson, 1876 |
| intestate succession ireland: A Handbook of Bankers'Law Henry ROBERTSON (Notary Public), 1876 |
| intestate succession ireland: Report of the Committee on the Law of Intestate Succession in Northern Ireland Northern Ireland. Committee on the Law of Intestate Succession in Northern Ireland, 1952 |
| intestate succession ireland: The Irish Law Times and Solicitors' Journal , 1868 |
| intestate succession ireland: Williams, Mortimer, and Sunnucks on Executors, Administrators, and Probate James Horace George Sunnucks, John G. Ross Martyn, Nicholas Caddick, 2000 |
| intestate succession ireland: International Estate Planning Henry Christensen (III), 1999 |
| intestate succession ireland: The Law Reports Great Britain, 1823 |
Interstate Meaning: Definition of Interstate vs. Probate - Trust & Will
What happens if you pass away without a Will or Trust? Or any Estate Plans at all? This is known as intestate. Learn the ins and outs of intestate here.
Intestate: Definition and State Rules - Investopedia
Jul 8, 2024 · What Is Intestate? Intestate refers to dying without a legal will. When a person dies intestate, deciding how their assets will be distributed becomes the responsibility of a state …
Intestate Succession: What Happens If There's No Will - Nolo
Oct 7, 2024 · Every state has "intestate succession" laws that parcel out property to the deceased person's closest relatives when there's no will. To find out who inherits many of these types of …
INTESTATE Definition & Meaning - Merriam-Webster
The meaning of INTESTATE is having made no valid will. How to use intestate in a sentence. Did you know?
Testate Vs. Intestate: Differences, Pros And Cons - Forbes
Sep 27, 2024 · What Is the Meaning of Intestate? When you pass away, you leave property behind. This property must be distributed to someone. If you leave behind a will specifying …
What You Need to Know About Intestate Inheritance - LegalZoom
Mar 14, 2023 · The legal term intestate succession refers to who inherits property when a person dies without a will. Whether you don't have a will, are considering making a will, or are a …
intestate | Wex | US Law | LII / Legal Information Institute
Intestate refers to when a person dies without a valid will . In these cases, the distribution of the deceased's property is governed by the laws of intestacy , which vary from state to state.
Intestate | Definition, Intestate Succession, & How to Avoid
Apr 28, 2025 · Intestate is the legal term for a person who dies without a valid will or whose will is ruled invalid by a court. Distribution will be determined by the state's laws in which they stayed …
Intestate: Definition, Risks and State Laws - SmartAsset
Nov 14, 2024 · To die intestate means to die without filing a will, leaving your estate and heirs subject to state inheritance laws. Here's what you need to know.
What Is Intestate? - Retirable
Intestate is a legal term for someone who dies without a will. If you die intestate, local probate courts will distribute your assets based on laws in your state. Typically, all assets go to …
Interstate Meaning: Definition of Interstate vs. Probate - Tru…
What happens if you pass away without a Will or Trust? Or any Estate Plans at all? This is known as intestate. Learn the ins and outs of intestate here.
Intestate: Definition and State Rules - Investopedia
Jul 8, 2024 · What Is Intestate? Intestate refers to dying without a legal will. When a person dies intestate, deciding how their assets will be distributed …
Intestate Succession: What Happens If There's No Will - …
Oct 7, 2024 · Every state has "intestate succession" laws that parcel out property to the deceased person's closest relatives when there's no …
INTESTATE Definition & Meaning - Merriam-Webster
The meaning of INTESTATE is having made no valid will. How to use intestate in a sentence. Did you know?
Testate Vs. Intestate: Differences, Pros And Cons - F…
Sep 27, 2024 · What Is the Meaning of Intestate? When you pass away, you leave property behind. This property must be distributed to someone. If …
