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Published: 29 March 2018

552 Pages


ISBN: 9780198806950

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This text is published by OUP Higher Education Division

Wills, Probate and Estates

Sixth Edition

Edited by Padraic Courtney, Nuala Casey, Annette O'Connell, and Anne Stephenson

Law Society of Ireland Manuals

  • Wills, Probate and Estates is part of the successful Law Society of Ireland Manuals series, which provides a unique guide to the law, practice and procedure in Ireland
  • The manual offers detailed and comprehensive coverage of key aspects of this area of the law, including will drafting, extraction of grant, and administration of estates, and provides full information on the common law and statutory background, enabling readers to appreciate how legal theory is put into practice
  • The book focuses on current best practice and procedure, making it essential reading for trainee solicitors on the Law Society of Ireland's Professional Practice Course, as well as providing an excellent overview of the area for practitioners
  • With a strong emphasis on practicality, the manual is written by solicitors for solicitors, and includes example precedents so that students can familiarize themselves with the documentation they will encounter in professional life
  • This sixth edition has been fully updated to include recent legislative changes and their effect on practice, incorporating recent case law and covering the obligations of the personal representative and the solicitor for the estate, including where there are non-resident beneficiaries

New to this Edition:

  • The sixth edition covers the coming into force of the Marriage Act 2015, which provides for same sex marriage but also ensures that no new civil partnerships would be entered into.
  • Recent case law is fully examined, particularly the seminal decision of Baker J in <i>DC v DR</i> on the rights of the qualifying cohabitant. A number of cases dealing with revocation of wills (presumption of revocation by destruction and whether a will is revoked by a subsequent will made outside the jurisdiction) are also outlined for the practitioner.
  • Finally, judgments dealing with the duties and powers of executors (<i>Doyle v White & Anor</i>) and interpretation of a will (<i>Mullen Junior v Mullen</i>) amongst others are discussed along with recent judgments dealing with capacity (<i>Laaser v Earls</i>) and the duty of the executor to provide a s68 letter to residuary beneficiaries (<i>Sandys & Anor v The Law Society of Ireland</i>).

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