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Wills - Irish Precedents and Drafting

By: Brian Spierin
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Published: 17-12-2020
Edition: 3rd
Extent: 416
ISBN: 9781526512239
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP : €235.12

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About Wills - Irish Precedents and Drafting

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.

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

Table Of Contents

Chapter 1: Check Lists for Wills;
Chapter 2: Principles of Drafting and Construction;
Chapter 3: Introductory Clauses;
Chapter 4: Revocation of Wills;
Chapter 5: Appointment of Executors, Trustees and Guardians;
Chapter 6: Legacies;
Chapter 7: Devises;
Chapter 8: Ademption, Satisfaction, Advancement and the Release of Debts;
Chapter 9: Fully-Secret and Half-Secret Trusts;
Chapter 10: Residuary Bequests;
Chapter 11: Alternative Disposition or Accruer Over in the Event that a Bequest Fails;
Chapter 12: Executor and Trustee Powers;
Chapter 13: Variation of 'Relevant Trusts' (under Part 5 of the Land and Conveyancing Reform Act 2009);
Chapter 14: Miscellaneous Declarations and Directions;
Chapter 15: Attestation Clauses/Testimoniums;
Chapter 16: Complete Wills and Codicils.


“The second edition of this book is timely and will be of great assistance to practitioners…From the outset, the book provides a fresh and user-friendly impression…Whether the practitioner is seasoned in the intricacies of succession law or is a novice drafter of wills, this book, particularly with its electronic access, will be of great assistance.” –  Parchment Magazine

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