Wills, Probate and Estates

Description

Wills, Probate and Estates sets out best practice and procedure in the area of wills, trusts, probate, and the administration of estates. The manual provides accessible, practical and thorough coverage of this key topic, including example precedents, and fully explains the legal background to procedures.

• 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 familiarise themselves with the documentation they will encounter in professional life

New to this edition

• This seventh edition has been fully updated to include recent legislative changes and their effect on practice, including: online Form SA2 Statement of Affairs (Probate) and Notice of Acknowledgement; Notice of Application; new form of Oath for Executor; online Charitable Bequest Form; new forms of combined Oath and Bond for Administrator Intestate and with Will Annexed; new Fees Order; changes to Probate Practice and Procedure; Civil Law (Presumption of Death) Act, 2019; and Trentdale Ltd v O'Shea [2018] IEHC 47.
• The structure has been revised to continue to closely match the Professional Practice Course.

About the Author(s)

Edited by Padraic Courtney, Solicitor, and Lecturer and Course Manager, Law Society of Ireland, Nuala Casey, Solicitor, and Consultant, Tutor and Examiner, Law Society of Ireland, Anne Stephenson, Solicitor, and Lecturer and Examiner, Law Society of Ireland, and John Glennon, Probate Officer, High Court and Lecturer, Law Society of Ireland

Table of Contents

1:Introduction to will drafting
2:Basic elements of a will and mutual wills
3:The legal personal representative
4:Will drafting - the rights of spouses/civil partners, cohabitants, and children
5:Instructions, attendance, and execution
6:Administration of estates: probate practice and procedure
7:Extracting a grant of probate
8:Extracting a grant of administration intestate
9:Extracting a grant of administration with will annexed
10:Second and subsequent grants (de bonis non grants)
11:Non-contentious applications (either to the Probate Officer or to the Court)
12:Administration after the grant has issued
13:Beneficiaries including: spouses/civil partners, cohabitants, and children of the deceased
14:Obligations, duties, and claims on the estate
15:Distributing the estate, vesting of property, and finalising matters