- Save
- Cite
-
Email this content
Share Link
Copy this link, or click below to email it to a friendEmail this contentor copy the link directly:The link was not copied. Your current browser may not support copying via this button.Link copied successfully
- Save
- Cite
-
Email this content
Share Link
Copy this link, or click below to email it to a friendEmail this contentor copy the link directly:The link was not copied. Your current browser may not support copying via this button.Link copied successfully
Show Less
Restricted access
Irish Conveyancing Precedents
Margaret Walsh
Publisher: Bloomsbury Professional Ltd
Copyright: 2024 Bloomsbury Professional Limited
Irish Conveyancing Precedents
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 between 4 and 7 times a year. Each update is chargeable on publication. The essential coverage includes agency/attorney, building schemes, conveyancing in sale, deeds, easements, exchanges, family arrangements, guarantees and indemnities, plus much more.
Up to date to Issue 99, May 2024.
Contents
- Close sectionUpdated material
- Issue 99: May 2024
- Issue 98: February 2024
- Issue 97: November 2023
- Issue 96: May 2023
- Issue 95: February 2023
- Issue 94: December 2022
- Issue 93: October 2022
- Issue 92: June 2022
- Issue 91: April 2022
- Issue 90: December 2021
- Issue 89: November 2021
- Issue 88: August 2021
- Issue 87: June 2021
- Issue 86: February 2021
- Issue 85: December 2020
- Issue 84: October 2020
- Issue 83: August 2020
- Issue 82 plus: June 2020
- Issue 82: February 2020
- Issue 81: November 2019
- Issue 80: August 2019
- Issue 79: May 2019
- Issue 78: February 2019
- Issue 77: December 2018
- Issue 76: October 2018
- Issue 75: August 2018
- Issue 74: May 2018
- Issue 73: February 2018
- Issue 72: December 2017
- Issue 71: November 2017
- Issue 70: August 2017
- Issue 69: May 2017
- Issue 68: February 2017
- Issue 67: December 2016
- Issue 66: October 2016
- Issue 65: August 2016
- Issue 64: June 2016
- Issue 63: April 2016
- Issue 62: February 2016
- Issue 61: January 2016
- Issue 60: October 2015
- Issue 59: August 2015
- Issue 58: June 2015
- Issue 57: April 2015
- Issue 56: February 2015
- Issue 55: December 2014
- Issue 54: October 2014
- Issue 53: July 2014
- Issue 52: June 2014
- Issue 51: April 2014
- Issue 50: February 2014
- Issue 49: December 2013
- Issue 48: October 2013
- Issue 47: August 2013
- Issue 46: June 2013
- Issue 45: April 2013
- Issue 44: February 2013
- CONTRIBUTORS
- Table of Cases
- Table of Statutes
- Close sectionDIVISION A: COMMENTARY
- Close sectionAGENCY/ATTORNEY
- Close sectionPRECEDENTS 1: POWERS OF ATTORNEY GENERALLY
- PRECEDENT A.1.1: Form of general power of attorney
- PRECEDENT A.1.2: General Power of Attorney – Alternative Form
- PRECEDENT A.1.3: Power of Attorney to complete a sale of freehold property
- PRECEDENT A.1.4: Power of Attorney to complete a purchase of leasehold property
- PRECEDENT A.1.5: Power of Attorney to effect an equitable mortgage by deposit
- PRECEDENT A.1.6: Deed giving additional powers to an attorney
- PRECEDENT A.1.7: Power of Attorney for administration with will annexed on behalf of the Executor
- PRECEDENT A.1.8: Power of Attorney for administration intestate
- PRECEDENT A.1.9: Power of attorney delegating trusts to co-trustees
- PRECEDENT A.1.10: Deed revoking powers conferred on an attorney and appointing a substitute
- PRECEDENT A.1.11: Statutory Declaration by an attesting witness of the due execution by an individual of a Power of Attorney
- Close sectionPRECEDENTS 2: ENDURING POWERS OF ATTORNEY
- PRECEDENT A.2.1: Instrument creating Enduring Power of Attorney
- PRECEDENT A.2.2: Instrument creating Enduring Power of Attorney (personal care decisions only)
- PRECEDENT A.2.3: Notice of execution by donor of enduring power
- PRECEDENT A.2.4: Notice of intention to apply for registration
- PRECEDENT A.2.5: Application for Registration
- PRECEDENT A.2.6: Affidavit of Attorney(s)
- PRECEDENT A.2.7: Affidavit of personal service of application for registration on the donor
- PRECEDENT A.2.8: Affidavit of service of application for registration on the first notice party
- PRECEDENT A.2.9: Affidavit of service of application for registration on second notice party
- PRECEDENT A.2.10: Affidavit of service of notice of intention to apply for registration on donor
- PRECEDENT A.2.11: Affidavit of service of notice of intention to apply for registration on first notice party
- PRECEDENT A.2.12: Affidavit of service of notice of intention to apply for registration on second notice party
- Close sectionDIVISION B: AGREEMENTS
- Close sectionCOMMENTARY: AGREEMENTS
- Close sectionPRECEDENTS 1: AGREEMENTS FOR SALE
- Close sectionPRECEDENTS 2: TENDERS
- Close sectionPRECEDENTS 3: OPTIONS
- Close sectionNARRATIVE 4: CO-OWNERSHIP AGREEMENTS
- Close sectionPRECEDENTS 4: CO-OWNERSHIP AGREEMENTS
- PRECEDENT B.4.1: Co-ownership agreement (where parties own and share a residence)
- PRECEDENT B.4.2: Co-ownership agreement (where parties own an investment property)
- PRECEDENT B.4.3: Co-ownership agreement (where parties buy with intent to develop)
- PRECEDENT B.4.4: Co-ownership agreement (two institutions owning)
- PRECEDENT B.4.5: Heads of Agreement between parties who are endeavouring to buy a property
- Close sectionNARRATIVE 5: NOTES ON LAW SOCIETY/CIF AGREED FORM OF BUILDING AGREEMENT
- Close sectionPRECEDENTS 5: Law Society/CIF Agreed Form of Building Agreement
- Close sectionDIVISION C: BUILDING SCHEMES
- Close sectionPRECEDENTS 1: AGREEMENTS BETWEEN DEVELOPER AND MANAGEMENT COMPANY
- Close sectionPRECEDENTS 2: APARTMENT DEVELOPMENTS
- Close sectionPRECEDENTS 3: TRANSFER OF SITE
- Close sectionPRECEDENTS 4: MULTI-UNIT DEVELOPMENTS
- COMMENTARY
- Close sectionPRECEDENTS
- PRECEDENT C.4.1 - Statutory Declaration - Pursuant to Section [11 OR 12] of the Multi-Unit Developments Act 2011
- PRECEDENT C.4.2 - Multi-Unit Developments Act 2011 (The Muds Act) - PRECEDENT PRE-CONTRACT ENQUIRIES
- PRECEDENT C.4.3 - Multi-Unit Developments Act 2011: s 3(1)(D) Developer – OMC Agreement
- PRECEDENT C.4.4 - Multi-Unit Developments Act 2011: s 3(1)(D)
- PRECEDENT C.4.5 - Precedent Section 3 Transfer
- PRECEDENT C.4.6 - Precedent Section 4 Transfer
- PRECEDENT C.4.7 - Precedent Section 5 Transfer Where All Apartments Are Sold
- PRECEDENT C.4.8 - Precedent Section 5 Transfer Where Not All Apartments Are Sold
- Close sectionDIVISION D: CHARITIES AND CLUBS
- Close sectionCOMMENTARY: CHARITIES: TITLE TO LAND
- Close sectionPRECEDENTS
- PRECEDENT D.1.1: Conveyance in fee simple by surviving trustees of a charity to new trustees where the charitable trusts have been and are intended to be kept off the title
- PRECEDENT D.1.2: Conveyance in fee simple by the personal representative of the last surviving trustee of a charity to new trustees where the charitable trusts have been and are intended to be kept off the title
- PRECEDENT D.1.3: Form 3 – Application for consent to the sale of charity property by Trustees for less than full value
- PRECEDENT D.1.4: Form 4 – Guidelines for making an application for the Commissioners’ consent to a Sale of Charity property for less than full value
- PRECEDENT D.1.5: Form 5 – Application for consent to the sale of charity property by Trustees for less than full value
- Close sectionDIVISION E: CONVEYANCES ON SALE
- Close sectionCommentary
- Close sectionPRECEDENTS 1: CONVEYANCES OF FREEHOLDS
- PRECEDENT E.1.1: Conveyance in fee simple of a second-hand house by one natural person to another natural person
- PRECEDENT E.1.2: Conveyance in fee simple by one natural person to another natural person without recitals, the conveyance being executed on behalf of the vendor by his attorney
- PRECEDENT E.1.3: Conveyance in fee simple by a corporation aggregate (a limited company) to a corporation sole (a Minister of State)
- PRECEDENT E.1.4: Conveyance in fee simple of non-residential property by two joint tenants to a corporation aggregate (a limited company)
- PRECEDENT E.1.5: Conveyance in fee simple by a nominee who has purchased on behalf of a vendor
- PRECEDENT E.1.6: Conveyance (by indorsement) by a trustee of freehold property purchased in his name in anticipation of the incorporation of a company to the company
- PRECEDENT E.1.7: Conveyance in fee simple by the personal representative of an owner who died testate
- PRECEDENT E.1.8: Conveyance in fee simple by the widow of a deceased owner who died before the 1st day of June 1959 and the personal representative of his heir at law under a grant of administration with the will annexed (de bonis non)
- PRECEDENT E.1.9: Conveyance in fee simple by the personal representative of one of the devisees named in the will of the deceased owner and the other devisee to a purchaser
- PRECEDENT E.1.10: Conveyance of the grantee's interest under a fee farm grant created by virtue of the Renewable Leasehold Conversion Act 1849
- PRECEDENT E.1.11: Conveyance of a freehold estate created by virtue of the Landlord and Tenant (Amendment) Act 1980, s 74
- PRECEDENT E.1.12: Conveyance where the owner of the freehold is unknown or unascertained and the County Registrar has made an award in terms of the purchase price, the apportionment of the purchase price and for the execution of the Deed on behalf of the unascertained or unknown owner of the Freehold by an Officer of the Circuit Court
- PRECEDENT E.1.13: Conveyance where the owner of the freehold is unknown or unascertained and the County Registrar has made an award in terms of the purchase price, the apportionment of the purchase price and for the execution of the Deed on behalf of the unascertained or unknown owner of the Freehold by an Officer of the Circuit Court
- Close sectionPRECEDENTS 2: ASSIGNMENTS OF LEASEHOLDS AND TENANCIES
- PRECEDENT E.2.1: Assignment of a leasehold interest by the original lessee to a company
- PRECEDENT E.2.2: Assignment of a leasehold interest by the successor in title of the original lessee to a natural person
- PRECEDENT E.2.3: Assignment of leasehold interests in commercial premises created by two leases by the successor in title of the original lessees
- PRECEDENT E.2.4: Assignment of a tenancy from year to year by the original tenant
- PRECEDENT E.2.5: Assignment of a statutory right of renewal under the Landlord and Tenant (Amendment) Act 1980 by a vendor who previously held under a lease of non-residential property, which has expired by effluxion of time
- PRECEDENT E.2.6: Assignment of leasehold interest by tenants in common reciting devolution of title from an owner of the leasehold interest who died before the 1st day of June 1959
- PRECEDENT E.2.7: Assignment of part of premises demised by a lease where the rent is apportioned between the vendor and the purchaser and secured by mutual covenants and charges
- PRECEDENT E.2.8: Assignment of part of premises demised by a lease where there has been a previous assignment at an apportioned rent of the other part
- PRECEDENT E.2.9: Assignment of part of premises demised by a lease which has been assigned by a previous assignment at an apportioned rent
- Close sectionPRECEDENTS 3: COMBINED ASSURANCES OF FREEHOLDS AND LEASEHOLDS
- PRECEDENT E.3.1: Conveyance of freehold premises and assignment of leasehold premises by a vendor absolutely entitled to both in one transaction
- PRECEDENT E.3.2: Conveyance and assignment of fee simple and a leasehold interest by a vendor in whom both interests are vested unmerged
- PRECEDENT E.3.3: Conveyance in fee simple by a vendor who originally held premises under a sub-lease and subsequently acquired the fee simple free from any intermediate interests by Vesting Certificate under the Landlord and Tenant (Ground Rents) (No 2) Act 1978 incorporating a declaration of merger in recitals
- PRECEDENT E.3.4: Assignment and conveyance by a vendor of a sub-leasehold interest in premises being part of the premises demised by the sub-lease and of the fee simple free from any intermediate interests subsequently acquired by him by Vesting Certificate under the Landlord and Tenant (Ground Rents) (No 2) Act 1978
- PRECEDENT E.3.5: Conveyance of freehold reversion of all of the premises demised by a lease to the assignee of the lessee incorporating a declaration of merger
- PRECEDENT E.3.6: Conveyance of the fee simple by a freehold owner and assignment of the intermediate leasehold interest by the leasehold owner to a sub-lessee subject to and with the benefit of the sub-lease incorporating a declaration of merger
- PRECEDENT E.3.7: Conveyance of the fee simple by a freehold owner and assignment of the intermediate leasehold interest by the leasehold owner
- Close sectionPRECEDENTS 4: CONVEYANCES OF TRUST & SETTLED PROPERTY
- PRECEDENT E.4.1: Conveyance in fee simple by a former tenant for life and trustees of the settlement under the Settled Land Act 1882 but now acting as the trustees of land under the Land and Conveyancing Law Reform Act 2009
- PRECEDENT E.4.2: Conveyance in fee simple by trustees of land where the trust was created by a trust instrument
- PRECEDENT E.4.3: Conveyance in fee simple by trustees where the trust was created as a trust for sale by a will made prior to 1st December 2009
- PRECEDENT E.4.4: Conveyance in fee simple of premises to which a minor is absolutely entitled by persons appointed by the Court to sell
- Close sectionPRECEDENTS 5: CO-OWNERSHIP
- PRECEDENT E.5.1: Conveyance in fee simple by a company to two natural persons as joint tenants
- PRECEDENT E.5.2: Conveyance in fee simple by one of two joint tenants to the other
- PRECEDENT E.5.3: Conveyance in fee simple by a company to two persons as tenants in common in equal shares
- PRECEDENT E.5.4: Assignment of leasehold interest by a company to three persons as tenants in common in unequal shares the purchase money being provided by the purchasers in unequal shares
- PRECEDENT E.5.5: Conveyance in fee simple of an undivided moiety by one tenant in common to the other tenant in common
- PRECEDENT E.5.6: Conveyance in fee simple by survivor of two joint tenants to a purchaser
- Close sectionPRECEDENTS 6: RECEIVERS AND LIQUIDATORS
- PRECEDENT E.6.1: Conveyance in fee simple by a company on a sale by a receiver appointed on foot of a debenture containing a floating charge
- PRECEDENT E.6.2: Conveyance in fee simple by a company on a sale by a receiver appointed on foot of a mortgage (created before 1 December 2009), the mortgagee joining in to reconvey the fee simple
- PRECEDENT E.6.3: Conveyance in fee simple by a company on a sale by a receiver appointed on foot of a mortgage (created after 1 December 2009)
- PRECEDENT E.6.4: Assignment of a leasehold interest by a company on a sale by a receiver, the receiver executing as attorney of the company, it being intended that a mortgage by sub-demise given by the company before 1 December 2009 will be released by a separate deed
- PRECEDENT E.6.5: Surrender and release by debenture holder to accompany Precedent E.6.4
- PRECEDENT E.6.6: Assignment of a leasehold interest (mortgaged after 1 December 2009) by a company on a sale by a receiver, the receiver executing as attorney of the company
- PRECEDENT E.6.7: Combined conveyance and transfer of unregistered freehold land and registered freehold land by a company on a sale by a receiver appointed on foot of a floating charge, the receiver executing as attorney of the company
- PRECEDENT E.6.8: Conveyance in fee simple by a company in voluntary liquidation (members’ voluntary winding-up)
- PRECEDENT E.6.9: Assignment of a leasehold interest by a company in voluntary liquidation (creditors’ voluntary winding-up) with a mortgagee joining in to release its mortgage created before 1 December 2009
- PRECEDENT E.6.10: Assignment of a leasehold interest by a company in voluntary liquidation (creditors’ voluntary winding-up) with a mortgagee joining in to release its mortgage created after 1 December 2009
- PRECEDENT E.6.11: Conveyance in fee simple by a company being wound-up by the court with a mortgagee joining in to release its mortgage created before 1 December 2009
- PRECEDENT E.6.12: Conveyance in fee simple by a company being wound-up by the court with a mortgagee joining in to release its mortgage created after 1 December 2009
- PRECEDENT E.6.13: Conveyance in fee simple by a company in voluntary liquidation to a member of the company by way of distribution in specie in satisfaction of the member’s shareholding in the company
- PRECEDENT E.6.14: Conveyance in fee simple by a mortgagee under a pre-1 December 2009 mortgage on a sale by a receiver, the receiver exercising by way of delegation the mortgagee’s statutory power of sale and executing as attorney of the mortgagee
- PRECEDENT E.6.15: Conveyance in fee simple by a mortgagee under a post-1 December 2009 mortgage on a sale by a receiver, the receiver exercising by way of delegation the mortgagee’s statutory power of sale and executing as attorney of the mortgagee
- Close sectionPRECEDENTS 7: MORTGAGORS AND MORTGAGEES
- PRECEDENT E.7.1: Conveyance in fee simple by a mortgagor and a mortgagee where the mortgage was created by demise before 1 December 2009 and the mortgage debt is only partially satisfied out of the purchase money
- PRECEDENT E.7.2: Conveyance in fee simple by a mortgagor where the mortgage was created after 1 December 2009 and the mortgage debt is only partially satisfied out of the purchase money
- PRECEDENT E.7.3: Conveyance in fee simple by a mortgagor and a mortgagee of part of the property mortgaged before 1 December 2009, the mortgagee relying on the remainder of his security and releasing the part sold
- PRECEDENT E.7.4: Conveyance in fee simple by a mortgagor and a mortgagee of part of the property mortgaged after 1 December 2009, the mortgagee relying on the remainder of his security and releasing the part sold
- PRECEDENT E.7.5: Conveyance in fee simple by a mortgagee under a pre-1 December 2009 mortgage exercising its statutory power of sale
- PRECEDENT E.7.6: Conveyance in fee simple by a mortgagee exercising its statutory power of sale under a post-1 December 2009 mortgage
- PRECEDENT E.7.7: Assignment of a leasehold interest by a mortgagee selling under a power of sale in the mortgage where the mortgage was by sub-demise made before 1 December 2009 the legal estate in the nominal reversion being assigned pursuant to a power of attorney in the mortgage
- PRECEDENT E.7.8: Assignment of a leasehold interest by a mortgagee selling under a power of sale in the mortgage where the mortgage was created after 1 December 2009
- PRECEDENT E.7.9: Assignment of a leasehold interest by a mortgagee selling under a power of sale in the mortgage (created before 1 December 2009) where the mortgage was by sub-demise a new trustee of the nominal reversion being appointed and the nominal reversion being assigned by such trustee
- PRECEDENT E.7.10: Conveyance of equity of redemption of freehold premises mortgaged before 1 December 2009
- PRECEDENT E.7.11: Conveyance of a freehold premises subject to a mortgage created after 1 December 2009
- PRECEDENT E.7.12: Assignment of equity of redemption of leaseholds the mortgagee participating to release the vendor from the covenant to pay the mortgage debt and to obtain a substituted covenant from the purchaser
- PRECEDENT E.7.13: Assignment of leasehold premises subject to a mortgage created after 1 December 2009, the mortgagee participating to release the vendor from the covenant to pay the mortgage debt and to obtain a substituted covenant from the purchaser
- Close sectionPRECEDENTS 8: VARIOUS TYPES OF PROPERTY
- PRECEDENT E.8.1: Conveyance in fee simple of a building site on a residential building estate where necessary easements and wayleaves are granted and reserved and restrictive covenants imposed
- PRECEDENT E.8.2: Conveyance by the purchaser in Precedent E.8.1 of the site and the dwellinghouse erected thereon by him
- PRECEDENT E.8.3: Conveyance by a company to a company of a freehold public house together with the publican’s licence attached thereto and the goodwill of the business carried on therein, the purchase price being apportioned between the premises, licence and goodwill on the one hand and certain chattels, which pass by delivery, on the other hand
- Close sectionPRECEDENTS 9: COURT SALES
- PRECEDENT E.9.1: Assignment of a leasehold interest in a house pursuant to order for sale in a mortgage suit the assignment being executed by a person appointed by the court pursuant to the Trustee Act 1893, s 33
- PRECEDENT E.9.2: Transfer of freehold registered land pursuant to order for sale in a mortgage suit, the transfer being executed by a person appointed by the court pursuant to the Trustee Act 1893, s 33
- Close sectionPRECEDENTS 10: SUB-SALES
- PRECEDENT E.10.1: Conveyance in fee simple by way of sub-sale by the vendor and the original purchaser to the sub-purchaser where all of the property the subject of the first contract has been resold at a profit
- PRECEDENT: E.10.2 Conveyance in fee simple by way of sub-sale by the vendor and the original purchaser to the sub-purchaser where the property the subject of the first contract has been resold at a loss
- PRECEDENT: E.10.3 Conveyance in fee simple by way of sub-sale by the vendor and the original purchaser to the sub-purchaser of part of the premises agreed to be sold by the first contract at a profit
- PRECEDENT: E.10.4 Conveyance in fee simple by way of sub-sale by the personal representative of the vendor and the original purchaser to the sub-purchaser of part of the property agreed to be sold by the vendor to the original purchaser where the entire purchase money payable by the original purchaser to the vendor was paid during the lifetime of the vendor
- Close sectionDIVISION F: DEEDS - GENERAL
- Close sectionCommentary
- Close sectionPRECEDENTS 1: FORMAL PARTS TO DEEDS
- PRECEDENT F.1.1: Formal parts of deed between two parties without recitals
- PRECEDENT F.1.2: Formal parts of conveyance with several parties and recitals
- PRECEDENT F.1.3: Formal parts of deed poll without recitals
- PRECEDENT F.1.4: Formal parts of a deed poll with recitals
- PRECEDENT F.1.5: Formal parts of indorsed deed
- PRECEDENT F.1.6: Deed supplemental to prior deed(s)
- PRECEDENT F.1.7: Attestation clauses – various
- PRECEDENT F.1.8: Revenue Commissioners Guidance on Self Assessment and Stamp Duty
- Close sectionPRECEDENTS 2: MISCELLANEOUS DEEDS
- PRECEDENT F.2.1: Indorsed deed confirming a conveyance in fee simple made to a company prior to its incorporation
- PRECEDENT F.2.2: Deed confirming a conveyance lost prior to the stamping and registration in the Registry of Deeds
- PRECEDENT F.2.3: Disclaimer of a lease by a liquidator under the Companies Act 2014, s 615
- PRECEDENT F.2.4: Notice of disclaimer of lease
- PRECEDENT F.2.5: Deed of partition of freeholds between tenants in common by one deed, money being paid by one tenant in common for equality of partition
- PRECEDENT F.2.6: Partition of leaseholds held under separate leases between two tenants in common effected by two deeds – this precedent and Precedent F.2.7
- PRECEDENT F.2.7: Assignment to be executed after assignment in form of Precedent F.2.6
- PRECEDENT F.2.8: Deed rectifying conveyance of a fee simple interest from which appropriate words of limitation were omitted
- PRECEDENT F.2.9: Rectifying deed indorsed on a conveyance of a fee simple interest from which appropriate words of limitation were omitted
- PRECEDENT F.2.10: Deed rectifying a conveyance in fee simple from which part of the property intended to be conveyed was inadvertently omitted there having been an intermediate transaction
- PRECEDENT F.2.11: Deed rectifying conveyance which was void by virtue of the Family Home Protection Act 1976, s 3 by reason of the failure of the vendor’s spouse to give her prior consent
- PRECEDENT F.2.12: Transfer rectifying a Deed of Transfer from which part of the property intended to be transferred was inadvertently omitted
- PRECEDENT F.2.13: Deed of Rectification where the operative words used in the Principal Deed of assurance are incorrect
- PRECEDENT F.2.14: Indorsed deed releasing a restrictive covenant and substituting an alternative restrictive covenant
- PRECEDENT F.2.15: Deed enlarging long term into a fee simple under the Conveyancing Act 1881, s 65
- PRECEDENT F.2.16: Deed of transfer of freehold second-hand property by one natural person, being a Ward of Court, to another natural person
- PRECEDENT F.2.17: Conveyance in fee simple of a second-hand house by one natural person, being a Ward of Court, to another natural person
- Close sectionPRECEDENTS 3: MEMORIALS
- Note from the General Editor
- Explanatory Memorandum for the Registry of Deeds Rules
- S.I. No. 52 of 2008 Registration of Deeds Rules 2008
- Close sectionSCHEDULE OF FORMS
- Form 1 REGISTRY OF DEEDS
- Form 1A PRECEDENT Application by a personal applicant for registration of a deed of Conveyance/Assignment/ Grant/Assent/Judgement Mortgage or other document, other than those referred to in Forms 2-7 (Rule 6)
- Form 2 PRECEDENT Application for registration of a lease (Rule 6)
- Form 3 PRECEDENT F.3.1.5 Application by a solicitor for registration of a mortgage/charge/debenture (Rule 6)
- Form 3A PRECEDENT F.3.1.5 Application by a personal applicant for registration of a mortgage/ charge/debenture (Rule 6)
- Form 4 PRECEDENT Application for registration of a Vesting Certificate issued under the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 (Rules 6, 10)
- Form 5 PRECEDENT Application for registration of a notice of marriage under the Family Home Protection Act 1976 (Rules 6, 16)
- Form 6 REGISTRY OF DEEDS Application for registration of a discharge or release or partial discharge or partial release of mortgage/charge, (Rules 6, 12)
- Form 7 REGISTRY OF DEEDS Application for registration of a receipt (Rules 6, 12)
- Form 8 REGISTRY OF DEEDS Application for registration of a statement under section 3(8)(c) (inserted by section 54(1)(b)(ii) of the Family Law Act 1995) of the Family Home Protection Act 1976 (Rules 6, 17)
- Form 9 REGISTRY OF DEEDS Notification of registration of freehold title in the Land Registry (Rule 18)
- Form 10 REGISTRY OF DEEDS Notification of registration of leasehold title in the Land Registry (Rule 18)
- Form 11 REGISTRY OF DEEDS Requisition for an official search against names of Grantors (Rule 19)
- Form 12 REGISTRY OF DEEDS
- Close sectionDIVISION G: EASEMENTS
- Close sectionCOMMENTARY
- Close sectionPRECEDENTS 1: RIGHTS OF WAY
- PRECEDENT G.1.1: Grant of a right of way where both grantor and grantee are entitled to their respective lands in fee simple
- PRECEDENT G.1.2: Grant of a right of way over registered land
- PRECEDENT G.1.3: Grant of a right of way by a freehold owner with the consent of a mortgagee where the mortgage was created prior to 1 December 2009
- PRECEDENT G.1.4: Grant of a right of way by a freehold owner with the consent of a mortgagee where the mortgage was created after 1 December 2009
- PRECEDENT G.1.5: Statutory Declaration by an owner of land having the benefit of a right of way acquired by prescription
- PRECEDENT G.1.6: Mutual grants of rights of way and ancillary rights by adjoining owners
- PRECEDENT G.1.7: Release of a right of way
- PRECEDENT G.1.8: Release of a right of way and grant of a substituted right of way
- Close sectionPRECEDENTS 2: RIGHTS OF LIGHT
- Close sectionPRECEDENTS 3: RIGHTS OF DRAINAGE
- Close sectionPRECEDENTS 4: RIGHT OF EAVESDROP
- Close sectionPRECEDENTS 5: MISCELLANEOUS COVENANTS
- 5.1: GIVE NOTICE
- 5.2: MAKE GOOD
- 5.3: PRODUCE THE CONSENT OF ADJOINING LANDOWNERS
- 5.4: PROVIDE DETAILS OF PROPOSED WORKS
- 5.5: TO PERMIT ACCESS/INSPECTION
- 5.6: NOT TO CAUSE A NUISANCE
- 5.7: INSURE
- 5.8: USER
- 5.9: CONTRIBUTE TO MAINTENANCE COSTS
- 5.10: CARE IN EXERCISE OF RIGHTS
- 5.11: OBSTRUCT
- 5.12: NOT TO CAUSE INJURY
- 5.13: MAKE MATERIAL ALTERATION
- 5.14: NOT TO ERECT ANY STRUCTURES
- 5.15: NOT TO PLANT
- 5.16: EXCLUSIVE EXERCISE OF RIGHTS
- 5.17: NOT TO CONNECT UP
- 5.18: DEVELOPMENT
- 5.19: FENCE OFF
- Close sectionDIVISION H: EXCHANGES
- Close sectionCOMMENTARY
- Close sectionPRECEDENTS
- PRECEDENT H.1: Agreement for exchange of freehold premises for leasehold premises of equal value
- PRECEDENT H.2: Conveyance of freehold premises in exchange for assignment by deed of even date of leasehold premises of equal value
- PRECEDENT H.3: Assignment of leasehold premises in exchange for conveyance by deed of even date of freehold premises of equal value
- PRECEDENT H.4: Agreement for exchange of unregistered freeholds for registered freeholds of lesser value, money being paid for equality of exchange
- PRECEDENT H.5: Conveyance of unregistered freehold premises in exchange for transfer by deed of even date of registered freehold premises of lesser value money being paid for equality of exchange
- PRECEDENT H.6: Transfer of freehold registered premises in exchange for conveyance by deed of even date of unregistered freehold premises
- PRECEDENT H.7: Exchange contained in one deed of freehold premises for other freehold premises of equal value held under a fee farm grant
- Close sectionDIVISION I: EXECUTORS AND ADMINISTRATORS
- INTRODUCTORY NOTE
- Close sectionPRECEDENTS 1: OATHS FOR EXECUTORS
- PRECEDENT I.1.1: Oath for Executor where there is a Will appointing a sole Executor and he/she is acting in the extraction of a grant of probate
- PRECEDENT I.1.2: Oath where there is a Will appointing more than one Executor and all are acting in the extraction of a grant of probate
- PRECEDENT I.1.3: Oath for Executor where there is a Will appointing more than one Executor and one or more of those Executors reserves his/her/their right to act
- PRECEDENT I.1.4: Oath for Executor where there is a Will appointing more than one Executor and one or more of those Executors renounces his/her/their right to act
- PRECEDENT I.1.5: Oath for Executor where there is a Will appointing executors and one or more Executor/s have predeceased the Testator
- PRECEDENT I.1.6: Oath for Executor where there is a Will appointing a legal firm as Executor
- PRECEDENT I.1.7: Oath for Executor where there is a Will appointing a trust corporation as Executor
- PRECEDENT I.1.8: Oath for Executor where there is a Will appointing a charity as Executor
- PRECEDENT I.1.9: Oath for Executor where there is a Will and a substitute Executor is acting in the extraction of a grant of probate
- PRECEDENT I.1.10: Oath for Executor where the Will was made in contemplation of marriage/civil partnership
- PRECEDENT I.1.11: Oath for Executor where the Will was proved in court
- PRECEDENT I.1.12: Oath for Executor extracting a grant in this jurisdiction having previously extracted a grant in another jurisdiction
- PRECEDENT I.1.13: Oath for Executor where the original Will has been lost
- PRECEDENT I.1.14: Oath for Executor where there is a Will and the Deceased died a ward of court
- PRECEDENT I.1.15: Oath for Executor where one or more Executor/s reserves his right to act and such other Executor extracts a grant while the first Executor is still alive (double probate)
- PRECEDENT I.1.16: Oath for Executor where one or more Executor/s reserves his rights to act and the Executor who extracted the grant dies (grant of unadministered probate)
- Close sectionPRECEDENTS 2: OATHS FOR ADMINISTRATOR WITH THE WILL INCORPORATING ADMINISTRATION BOND
- PRECEDENT I.2.1: Oath for Administrator with Will Annexed where attorney of Executor applies
- PRECEDENT I.2.2: Oath for Administrator with Will Annexed where sole executor renounces
- PRECEDENT I.2.3: Oath for Administrator with Will Annexed where executor/s renounce
- PRECEDENT I.2.4: Oath for Administrator with Will Annexed where no executor is appointed but there is a residuary devisee/legatee
- PRECEDENT I.2.5: Oath for Administrator with Will Annexed where sole executor predeceased the deceased
- PRECEDENT I.2.6: Oath for Administrator with Will Annexed where sole executor survived the deceased and has since died
- PRECEDENT I.2.7: Oath for Administrator with Will Annexed where the surviving spouse/civil partner of the deceased applies where no executor is appointed and the residue is not disposed of
- PRECEDENT I.2.8: Oath for Administrator with Will Annexed where child of the deceased applies where no executor has been appointed and the residue is not disposed of and surviving spouse/civil partner has survived and died
- PRECEDENT I.2.9: Oath for Administrator with Will Annexed where child of the deceased applies where no executor is appointed and the residue is not disposed of and the surviving spouse/civil partner has pre-deceased
- PRECEDENT I.2.10: Oath for Administrator with Will Annexed where a grandchild of the deceased applies where no executor is appointed and the residue is not disposed of and the surviving spouse/civil partner and any children have all pre-deceased
- PRECEDENT I.2.11: Oath for Administrator with Will Annexed where a parent of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner or issue
- PRECEDENT I.2.12: Oath for Administrator with Will Annexed where a sibling of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue or parent
- PRECEDENT I.2.13: Oath for Administrator with Will Annexed where a niece/nephew of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue, parent or sibling
- PRECEDENT I.2.14: Oath for Administrator with Will Annexed where a grandparent of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue, parent, sibling or niece or nephew
- PRECEDENT I.2.15: Oath for Administrator with Will Annexed where an aunt/uncle of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue, parent, sibling, niece, nephew or grandparent
- PRECEDENT I.2.16: Oath for Administrator with Will Annexed where a great-grandparent of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue, parent, sibling, niece, nephew, grandparent, aunt or uncle
- PRECEDENT I.2.17: Oath for Administrator with Will Annexed where a first cousin of the deceased applies where no executor is appointed and the residue is not disposed of and there is no surviving spouse/civil partner, issue, parent, sibling, niece, nephew, grandparent, aunt, uncle or great-grandparent
- PRECEDENT I.2.18: Oath for Administrator with Will Annexed where legatee applies where the executor and the residuary legatee and devisee have renounced and the residue is wholly disposed of
- PRECEDENT I.2.19: Oath for Administrator where devisee applies where the executor residuary devisee and legatee has renounced and the residue is wholly disposed of
- PRECEDENT I.2.20: Oath for Administrator with Will Annexed where the legal personal representative of the residuary legatee and devisee applies where no executor is appointed and the sole residuary legatee and devisee survives and dies
- PRECEDENT I.2.21: Oath for Administrator with Will Annexed where the appointed executor and the sole residuary legatee and devisee have pre-deceased the deceased and the next of kin applies as per Ord 79 rr 1–5
- PRECEDENT I.2.22: Oath for Administrator with Will Annexed where the executor appointed is a minor and the minor’s Guardian extracts the grant limited for the minority of the minor executor
- PRECEDENT I.2.23: Oath for Administrator with Will Annexed where the executor is of unsound mind and is a Ward of Court
- PRECEDENT I.2.24: Oath for Administrator with Will Annexed where the executor is of unsound mind and is not a Ward of Court
- PRECEDENT I.2.25: Oath for Administrator with Will Annexed where there is no executor and the residuary legatee and devisee is of unsound mind and the Committee of the residuary legatee and devisee extracts the grant
- PRECEDENT I.2.26: Oath for Administrator with Will Annexed where there is an executor appointed and a residuary legatee and devisee both of whom pre-deceased the testator and the surviving spouse/civil partner is of unsound mind
- PRECEDENT I.2.27: Oath for Administrator with Will Annexed with Court Order
- PRECEDENT I.2.28: Oath for Administrator with Will Annexed Ad Litem
- PRECEDENT I.2.29: Oath for Administrator with Will Annexed where no executor appointed and minor inherits under a trust
- PRECEDENT I.2.30: Oath for Administrator with Will Annexed where no executor is appointed and a trust corporation is extracting the grant
- PRECEDENT I.2.31: Oath for Administrator with Will Annexed where residuary legatee and devisee applies where they are holding in trust for another person and the executor has pre-deceased the testator
- PRECEDENT I.2.32: Oath for Administrator with Will Annexed where residuary legatee and devisee applies where they are holding in trust for another person and the executor survives the testator but has since died without applying for Grant
- PRECEDENT I.2.33: Oath for Administrator with Will Annexed where residuary legatee and devisee applies where they are holding in trust for another person where no executor appointed
- PRECEDENT I.2.34: Oath for Administrator with Will Annexed where residuary legatee and devisee applies where they are holding in trust for another person where the appointed executor renounces
- PRECEDENT I.2.35: Oath for Administrator with Will Annexed where a residuary legatee and devisee for life applies where executor has pre-deceased the testator
- PRECEDENT I.2.36: Oath for Administrator with Will Annexed where a residuary legatee and devisee for life applies where executor survives the testator but has since died without applying for grant
- PRECEDENT I.2.37: Oath for Administrator with Will Annexed where residuary legatee and devisee for life applies where no executor appointed
- PRECEDENT I.2.38: Oath for Administrator with Will Annexed where residuary legatee and devisee for life applies where executor appointed but renounces
- PRECEDENT I.2.39: Oath for Administrator with the Will where residuary legatee and devisee for life jointly with any ultimate residuary legatee and devisee applies on the renunciation of the executor and other residuary legatee and devisee for life
- PRECEDENT I.2.40: Oath for Administrator with Will Annexed where an independent administrator is appointed by Court Order and original grant revoked
- PRECEDENT I.2.41: Oath for Administrator with Will Annexed De Bonis Non where sole executor survives, extracts the grant but then dies leaving part of the estate unadministered and the grant is extracted by the residuary legatee and devisee
- PRECEDENT I.2.42: Oath for Administrator with the Will De Bonis Non where no executor appointed and residuary legatee and devisee survives, takes out grant and then dies leaving part of the estate unadministered and the legal personal representative of the residuary legatee and devisee extracts the grant
- PRECEDENT I.2.43: Oath for Administrator with Will Annexed De Bonis Non where residuary legatee and devisee holding in trust applies where the sole or surviving executor has died leaving part of the estate unadministered
- PRECEDENT I.2.44: Oath for Administrator with Will Annexed De Bonis Non where residuary legatee and devisee holding for life applies where the sole or surviving executor has died leaving part of the estate unadministered
- PRECEDENT I.2.45: Oath for Administrator with Will Annexed De Bonis Non where LPR of residuary legatee and devisee applies where the sole or surviving executor has died leaving part of the estate unadministered and there is no other living residuary legatee or devisee
- PRECEDENT I.2.46: Oath for Administrator with Will Annexed De Bonis Non where surviving spouse or civil partner of a testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.47: Oath for Administrator with Will Annexed De Bonis Non where a child of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.48: Oath for Administrator with Will Annexed De Bonis Non where a grandchild of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.49: Oath for Administrator with Will Annexed De Bonis Non where a parent of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.50: Oath for Administrator with Will Annexed De Bonis Non where a sibling of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.51: Oath for Administrator with Will Annexed De Bonis Non where a nephew/niece of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.52: Oath for Administrator with Will Annexed De Bonis Non where a grandparent of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.53: Oath for Administrator with Will Annexed De Bonis Non where an aunt or uncle of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.54: Oath for Administrator with Will Annexed De Bonis Non where a great-grandparent of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.55: Oath for Administrator with Will Annexed De Bonis Non where a first cousin of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and the residue is not disposed of
- PRECEDENT I.2.56: Oath for Administrator with Will Annexed De Bonis Non where a legatee of the testator applies where the sole or surviving executor has died leaving part of the estate unadministered and on the renunciation of the residuary legatee and devisee
- PRECEDENT I.2.57: Oath for Administrator with Will Annexed De Bonis Non where a parent as guardian of a residuary legatee and devisee apples where the sole or surviving executor has died leaving part of the estate unadministered
- PRECEDENT I.2.58: Oath for Administrator with Will Annexed De Bonis Non where an attorney of a residuary legatee and devisee apples where the sole or surviving executor has died leaving part of the estate unadministered
- PRECEDENT I.2.59: Oath for Administrator with Will Annexed De Bonis Non where the committee of a residuary legatee and devisee apples where the sole or surviving executor has died leaving part of the estate unadministered
- Close sectionPRECEDENTS 3: OATHS FOR ADMINISTRATORS INTESTATE
- PRECEDENT I.3.1: Oath for Administrator Intestate incorporating Administration Bond where Surviving Spouse applies
- PRECEDENT I.3.2: Oath for Administrator Intestate where child of the Deceased applies where surviving spouse still alive (spes successionis)
- PRECEDENT I.3.3: Oath for Administrator Intestate incorporating Administration Bond where Civil Partner applies
- PRECEDENT I.3.4: Oath for Administrator Intestate incorporating Administration Bond where surviving spouse survives and died and the child of the deceased applies
- PRECEDENT I.3.5: Oath for Administrator Intestate where surviving civil partner survives and died and the child of the deceased applies
- PRECEDENT I.3.6: Oath for Administrator Intestate where surviving civil partner survives and died and the child of the deceased applies
- PRECEDENT I.3.7: Oath for Administrator Intestate where the grandchild of the deceased applies
- PRECEDENT I.3.8: Oath for Administrator Intestate incorporating Administration Bond where the parent of the deceased applies
- PRECEDENT I.3.9: Oath for Administrator Intestate incorporating Administration Bond where a sibling of the deceased applies
- PRECEDENT I.3.10: Oath for Administrator Intestate incorporating Administration Bond where a niece or nephew of the deceased applies
- PRECEDENT I.3.11: Oath for Administrator Intestate incorporating Administration Bond where a grandparent of the deceased applies
- PRECEDENT I.3.12: Oath for Administrator Intestate incorporating Administration Bond where an aunt or uncle of the deceased applies
- PRECEDENT I.3.13: Oath for Administrator Intestate incorporating Administration Bond where a first cousin of the deceased applies
- PRECEDENT I.3.14: Oath for Administrator Intestate incorporating Administration Bond where first cousin once removed of the deceased applies
- PRECEDENT I.3.15: Oath for Administrator Intestate incorporating Administration Bond where issue of pre-deceased child of the deceased applies, the surviving child of the deceased having renounced
- PRECEDENT I.3.16: Oath for Administrator Intestate incorporating Administration Bond where issue of pre-deceased sibling of the deceased applies
- PRECEDENT I.3.17: Oath for Administrator Intestate incorporating Administration Bond where legal personal representative of child applies
- PRECEDENT I.3.18: Oath for Administrator Intestate incorporating Administration Bond where legal personal representative of brother or sister applies
- PRECEDENT I.3.19: Oath for Administrator Intestate incorporating Administration Bond where attorney of person entitled applies
- PRECEDENT I.3.20: Oath for Administrator Intestate incorporating Administration Bond where person entitled on foot of Court Order applies
- PRECEDENT I.3.21: Oath for Administrator Intestate incorporating Administration Bond where person entitled is of unsound mind and is a Ward of Court
- PRECEDENT I.3.22: Oath for Administrator Intestate incorporating Administration Bond where person entitled is a minor
- PRECEDENT I.3.23: Oath for Administrator Intestate DBN incorporating Administration Bond
- Close sectionPRECEDENTS 4: AFFIDAVITS
- PRECEDENT I.4.1: Affidavit of Attesting Witness where the where there is no attestation clause in Will
- PRECEDENT I.4.2: Affidavit of Attesting Witness where the Testator signs by a mark
- PRECEDENT I.4.3: Affidavit of Attesting Witness where the Testator signs twice
- PRECEDENT I.4.4: Affidavit of Attesting Witness where the Testator’s signature is feeble or illegible
- PRECEDENT I.4.5: Affidavit of Attesting Witness where the signature is made on behalf of the Testator by another
- PRECEDENT I.4.6: Affidavit of Attesting Witness where the Testator is blind
- PRECEDENT I.4.7: Affidavit of Attesting Witness where the where the Will contains an alteration
- PRECEDENT I.4.8: Affidavit of Attesting Witness where the where the Will contains an amendment
- PRECEDENT I.4.9: Affidavit of Attesting Witness where the where the Will contains an erasure and interlineation
- PRECEDENT I.4.10: Affidavit of Attesting Witness where the where the Will contains an interlineation
- PRECEDENT I.4.11: Affidavit of Attesting Witness where the where the Will is undated
- PRECEDENT I.4.12: Affidavit of Attesting Witness where the where the Will incorporates a map or a list
- PRECEDENT I.4.13: Affidavit of Attesting Witness where the Will is written on several sheets of paper
- PRECEDENT I.4.14: Affidavit where the original Will has been lost by a firm of Solicitors but they do have a copy
- PRECEDENT I.4.15: Affidavit of Attesting Witness re Plight and Condition where the Will is burnt
- PRECEDENT I.4.16: Affidavit of Attesting Witness re Plight and Condition where there are pinholes or paperclip or staple marks on the Will
- PRECEDENT I.4.17: Affidavit is where somebody other than an Executor is extracting a Grant and an Affidavit of Market Value is required
- PRECEDENT I.4.18: Affidavit where somebody dies being of unsound mind and the Solicitor who drafted their Will avers to their capacity as at the time of the making of the will, their attending physician at the time of execution of the Will having since died
- PRECEDENT I.4.19: Affidavit where a Doctor is certifying as to the testamentary capacity of a Testator post the death of the Testator but prior to the Grant
- PRECEDENT I.4.20: Affidavit of Identity of Executor
- PRECEDENT I.4.21: Affidavit to lead to the amendment of a Grant where the date of death is incorrect
- PRECEDENT I.4.22: Affidavit to lead to the Revocation of a Grant of Letters of Administration Intestate where a Will is subsequently found
- PRECEDENT I.4.23: Affidavit to lead to the Revocation of a Grant of Administration where the applicant dies prior to the Grant issuing
- PRECEDENT I.4.24: Affidavit used to lead to a citation where the deceased died intestate and the person entitled to extract the Grant has not done so and a beneficiary (in this precedent the child of a first marriage) wishes to issue a citation
- PRECEDENT I.4.25: Affidavit to lead to a citation where the Executor who is also the residuary legatee and devisee has delayed in progressing the administration and a beneficiary wishes to issue a citation
- PRECEDENT I.4.26: Affidavit where there is a rival application by someone with equal priority to extract a Grant of letters of Administration Intestate
- PRECEDENT I.4.27: Affidavit to lead to a subpoena where the Will is being held by someone other than the person wishing to prove same
- Close section5. THE STATEMENT OF AFFAIRS (PROBATE) FORM SA.2
- Close sectionDIVISION J: FAMILY ARRANGEMENTS
- Close sectionCOMMENTARY
- Close sectionPRECEDENTS 1: ARRANGEMENTS BETWEEN HUSBAND AND WIFE
- PRECEDENT J.1.1: Conveyance in fee simple of an unincumbered family home by a husband to himself and his wife as joint tenants
- PRECEDENT J.1.2: Conveyance in fee simple of a family home, which is subject to a mortgage created before 1 December 2009, by a husband to himself and his wife as joint tenants, the mortgagee participating to release the husband from his sole covenant to pay the mortgage debt and to obtain a joint and several covenant from the husband and the wife
- PRECEDENT J.1.3: Conveyance in fee simple of a family home, which is subject to a mortgage created after 1 December 2009, by a husband to himself and his wife as joint tenants, the mortgagee participating to release the husband from his sole covenant to pay the mortgage debt and to obtain a joint and several covenant from the husband and the wife
- PRECEDENT J.1.4: Assignment of an unincumbered leasehold interest in a family home by a husband to himself and his wife as joint tenants
- PRECEDENT J.1.5: Assignment of a leasehold interest in a family home, which is subject to a mortgage for a principal sum and a second mortgage for present and future advances both having been created before 1 December 2009, by a husband to himself and his wife as joint tenants, the mortgagee participating to consent and procure a joint and several covenant from the husband and the wife
- PRECEDENT J.1.6: Conveyance in fee simple of a family home, which is vested in the husband and wife as joint tenants and is subject to a mortgage created before 1 December 2009, by the husband to the wife, the mortgagee participating to release the husband from the mortgage debt and to obtain a sole covenant to discharge the mortgage debt from the wife
- PRECEDENT J.1.7: Assignment of a leasehold interest in a family home, which is vested in the husband and the wife as joint tenants and is subject to a mortgage created before 1 December 2009, by the husband to the wife, the mortgagee participating to release the husband from the mortgage debt and to obtain a sole covenant to discharge the mortgage debt from the wife
- PRECEDENT J.1.8: Deed of severance of a joint tenancy in a fee simple interest
- PRECEDENT J.1.9: Deed of severance of a joint tenancy in a leasehold interest
- Close sectionPRECEDENTS 2: OTHER FAMILY ARRANGEMENTS
- PRECEDENT J.2.1: Voluntary conveyance in fee simple from a father to a son
- PRECEDENT J.2.2: Voluntary surrender by tenant for life and conveyance by trustees of freehold property to the remainderman
- PRECEDENT J.2.3: Deed of family arrangement between three sisters to whom freehold land has been devised as tenants in common in equal shares, one devisee voluntarily releasing her share and another devisee selling her share to the third devisee, the personal representative joining in to assign the legal estate to the third devisee
- PRECEDENT J.2.4: Deed of family arrangement whereby two daughters and three children of a predeceased daughter of an intestate owner of freeholds voluntarily convey their distributive shares in freehold lands to a son, being the only other child, of the intestate who died a widower after 1 January 1967
- Close sectionPRECEDENTS 3: ASSURANCES CONSEQUENT ON DECREES OF JUDICIAL SEPARATION OR DIVORCE
- PRECEDENT J.3.1: Conveyance of a fee simple property by a sole owner to that owner’s spouse following a judicial separation, the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.2: Conveyance of a fee simple property by one joint owner to the other following a judicial separation the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.3: Conveyance of a fee simple property by a sole owner to that owner’s spouse following a judicial separation the property not being subject to a mortgage
- PRECEDENT J.3.4: Conveyance of a fee simple property by one joint owner to the other following a judicial separation the property not being subject to a mortgage
- PRECEDENT J.3.5: Assignment of a leasehold property by a sole owner to that owner’s spouse following a judicial separation the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.6: Assignment of a leasehold property by one joint owner to the other following a judicial separation the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.7: Assignment of a leasehold property by a sole owner to that owner’s spouse following a judicial separation the property not being subject to a mortgage
- PRECEDENT J.3.8: Assignment of a leasehold property by one joint owner to the other following a judicial separation the property not being subject to a mortgage
- PRECEDENT J.3.9: Conveyance of a freehold property by a sole owner to that owner’s spouse following a decree of divorce the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.10: Conveyance of a fee simple property by one joint owner to the other following a divorce the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.11: Conveyance of a fee simple property by a sole owner to that owner’s spouse not being subject to a mortgage
- PRECEDENT J.3.12: Conveyance of a fee simple property by one joint owner to the other following a divorce the property not being subject to a mortgage
- PRECEDENT J.3.13: Assignment of a leasehold property by a sole owner to that owner’s spouse following a divorce the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.14: Assignment of a leasehold property by one of two joint owners to the other following a divorce the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.3.15: Assignment of a leasehold property by a sole owner to that owner’s spouse following a divorce the property not being subject to a mortgage
- PRECEDENT J.3.16: Assignment of a leasehold property by one of two joint owners to the other following a divorce the property not being subject to a mortgage
- PRECEDENT J.3.17: Transfer of the lands in a freehold folio by a sole owner to that owner’s spouse following a judicial separation the lands not being subject to a charge
- PRECEDENT J.3.18: Transfer of the lands in a freehold folio from joint owners to one of the owners following a judicial separation, the lands not being subject to a charge
- PRECEDENT J.3.19: Transfer of lands in a leasehold folio by a sole owner to that owner’s spouse following a judicial separation the lands being subject to a charge
- PRECEDENT J.3.20: Transfer of lands in a leasehold folio by joint owners to one of them following a judicial separation the lands being subject to a charge
- PRECEDENT J.3.21: Transfer of the lands in a leasehold folio by a sole owner to that owner’s spouse following a judicial separation the lands not being subject to a Charge
- PRECEDENT J.3.22: Transfer of the lands in a leasehold folio by joint owners to one of the owners following a Judicial Separation the lands not being subject to a Charge
- PRECEDENT J.3.23: Transfer of the lands in a freehold folio by a sole owner to that owner’s former spouse pursuant to a court order following a divorce, the lands being subject to a charge
- PRECEDENT J.3.24: Transfer of the lands in a freehold folio by joint owners to one of them pursuant to a Decree of Divorce the lands being subject to a Charge
- PRECEDENT J.3.25: Transfer of the lands in a freehold folio by a sole owner to that owner’s former spouse pursuant to a decree of divorce, the lands not being subject to a Charge
- PRECEDENT J.3.26: Transfer of the lands in a leasehold folio by a sole owner to that owner’s former spouse following a divorce the lands being subject to a charge
- PRECEDENT J.3.27: Transfer of lands in a leasehold folio by joint owners to one of the owners pursuant to a decree of divorce the lands being subject to a charge
- PRECEDENT J.3.28: Transfer of lands in a leasehold folio by a joint owners to a former spouse and co-owner pursuant to decree of divorce the property not being subject to a charge
- Close sectionPRECEDENTS 4: ARRANGEMENTS BETWEEN CIVIL PARTNERS
- PRECEDENT J.4.1: Conveyance in fee simple of an unencumbered property by one civil partner to another as joint tenants
- PRECEDENT J.4.2: Conveyance in fee simple of a shared home, which is subject to a mortgage created after 1 December 2009, by a civil partner to herself and her civil partner as joint tenants, the mortgagee participating to release the grantor from her sole covenant to pay the mortgage debt and to obtain a joint and several covenant from the grantor and the grantee
- PRECEDENT J.4.3: Assignment of an unencumbered leasehold interest by a civil partner to himself and his civil partner as joint tenants
- PRECEDENT J.4.4: Assignment of a leasehold interest in a shared home which is subject to a mortgage for a principal sum and a second mortgage for present and future advances both having been created before 1 December 2009, by a civil partner to himself and his civil partner as joint tenants, the mortgagee participating to consent and procure a joint and several covenant from the grantor and the grantee
- PRECEDENT J.4.5: Deed of severance of a joint tenancy in a fee simple interest
- PRECEDENT J.4.6: Deed of severance of a joint tenancy in a leasehold interest
- Close sectionPRECEDENTS 5: ASSURANCES BY CIVIL PARTNERS CONSEQUENT ON DECREES OF DISSOLUTION
- PRECEDENT J.5.1: Conveyance of a fee simple property by a one civil partner being a sole owner to the other civil partner following a Decree of Dissolution, the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.5.2: Conveyance of a fee simple property by a civil partner being a sole owner to his civil partner following a Decree of Dissolution the property not being subject to a mortgage
- PRECEDENT J.5.3: Conveyance of a fee simple property by one civil partner to the other following a Decree of Dissolution, the property not being subject to a mortgage
- PRECEDENT J.5.4: Assignment of a leasehold property by a civil partner being a sole owner to the other civil partner following a Decree of Dissolution the property being subject to a mortgage created prior to 1 December 2009
- PRECEDENT J.5.5: Assignment of a leasehold property by a civil partner being a sole owner to a civil partner following a Decree of Dissolution the property not being subject to a mortgage
- PRECEDENT J.5.6: Assignment of a leasehold property by one civil partner being a joint owner to the other following a Decree of Dissolution the property not being subject to a mortgage
- PRECEDENT J.5.7: Transfer of the lands in a freehold folio by a civil partner being a sole owner to that owner’s civil partner following a Decree of Dissolution the lands not being subject to a charge
- PRECEDENT J.5.8: Transfer of lands in a leasehold folio by a civil partner being a sole owner to that owner’s civil partner following a Decree of Dissolution, the lands being subject to a charge
- PRECEDENT J.5.9: Transfer of lands in a leasehold folio by both civil partners being joint owners to one of them following a Decree of Dissolution, the lands being subject to a charge
- PRECEDENT J.5.10: Transfer of the lands in a leasehold folio by one civil partner being a sole owner to the other civil partner following a Decree of Dissolution the lands not being subject to a charge
- PRECEDENT J.5.11: Transfer of the lands in a leasehold folio by civil partners being joint owners to one of the civil partners following a Decree of Dissolution the lands not being subject to a charge
- Close sectionDIVISION K: GUARANTEES AND INDEMNITIES
- Close sectionDIVISION L: LANDLORD AND TENANT
- Close sectionCOMMENTARY
- Close sectionPrecedents 1: Agreements For Leases
- Close sectionPrecedents 2: Leases and Tenancy Agreements
- Precedent L.2.1: Short-term business letting agreement relating to part of larger premises
- Precedent L.2.2: F.R.I. lease for letting of an entire building with guarantee
- Precedent L.2.3: F.R.I. lease for letting of an entire building without guarantee
- Precedent L.2.4: Lease with service charge provisions for letting of part of a multi-tenanted building with guarantee
- Close sectionPrecedents 3: Other Deeds and Agreements
- Precedent L.3.1: Surrender of lease
- Precedent L.3.2: Deed of variation
- Precedent L.3.3: Licence for assignment and change of use
- Precedent L.3.4: Licence for assignment and change of use incorporating a guarantee
- Precedent L.3.5: Licence for alterations with guarantee
- Precedent L.3.6: Licence to sub-let
- Close sectionPrecedents 4: Renunciations
- Close sectionPrecedents 5: Licenses
- COMMENTARY
- Close sectionRenunciations 5: Licences
- Precedent L.5.1: Licence by one natural person to another natural person
- Precedent L.5.2: Licence by one corporation aggregate (a limited company) to another corporation aggregate (a limited company) with a guarantor
- Precedent L.5.3: Licence to use spaces in a car park
- Precedent L.5.4: Licence Agreement for Tillage
- Precedent L.5.5: Licence Agreement for Grazing
- Precedent L.5.6: Building Licence Agreement
- Precedent L.5.7: Antenna or Aerial Licence Agreement
- Precedent L.5.8: Variation Agreement for Antenna or Aerial Licence
- Close sectionPrecedents 6: Caretaker's Agreement
- Close section7: Residential Tenancies
- COMMENTARY
- Close sectionPRECEDENTS
- Precedent L.7.1: Residential Tenancy Agreement for new residential tenancies created after 11 June 2022 with the rent to be set for the tenancy inside/outside a Rent Pressure Zone
- Precedent L.7.2: Notice to be served under section 22 of the Residential Tenancies Act 2004 (as amended) stating the amount of the rent inside or outside Rent Pressure Zones (as recommended by the RTB)
- Precedent L.7.3: Notice of Termination by landlord of a Part 4/Further Part 4 tenancy: s 34 – landlord intends to sell the dwelling
- Precedent L.7.4: Statutory declaration to accompany a Notice of Termination for a landlord intending to sell the dwelling
- Precedent L.7.5: Notice of Termination: Landlord intends to change the use of the dwelling (and, where planning permission is required for that change of use, that permission has been obtained)
- Precedent L.7.6: Notice of Termination: Paragraph 4 of the Table to s 34 – Landlord requires the dwelling for own/family use
- Precedent L.7.7: Sample Statutory Declaration for landlord requiring dwelling for own or family member occupation
- Precedent L.7.8: Notice of Termination: Paragraph 5 of the Table to s 34 – Landlord intends to substantially refurbish/renovate the dwelling
- Precedent L.7.9: Notice of Termination – Table 2 of s 34: The dwelling is no longer suitable to the accommodation needs of the tenant
- Precedent L.7.10: Notice of Termination where a Part 4 Tenancy is expiring and before a Further Part 4 Tenancy commences
- Precedent L.7.11: Notice of Termination for breach of tenant obligations – Rent arrears
- Precedent L.7.12: Notice of Termination – Seven-day notice for serious anti-social behaviour (ASB)
- Precedent L.7.13: Notice of Termination for breach of all tenant obligations except rent arrears, serious anti-social behaviour and if the tenancy is not a Part 4 Tenancy
- Precedent L.7.14: Notice of Termination by a landlord to terminate a tenancy of less than six months duration for breach of tenant obligations
- Precedent L.7.15: Notice of Termination by a landlord to terminate a tenancy of less than six months duration
- Precedent L.7.16: Notice of Termination of a fixed term tenancy by a landlord
- Precedent L.7.17: Notice of Termination by a tenant to a landlord for breach of obligations
- Precedent L.7.18: Notice of Termination by a tenant to terminate a Part 4/Further Part 4 Tenancy
- Precedent L.7.19: Notice of Termination by a tenant to terminate a fixed term tenancy where the landlord refuses a sub-letting or assignment request of the tenancy from the tenant
- Precedent L.7.20: Notice of Termination of a tenancy/licence of specific student accommodation
- Close sectionDIVISION M: MORTGAGES
- Close sectionCommentary
- Close sectionPRECEDENTS: Mortgages
- PRECEDENT M.1.1: Mortgage of unregistered land suitable for use as a private mortgage
- PRECEDENT M.1.2: Charge of registered land suitable for use as a private mortgage1
- PRECEDENT M.1.3: Deed of release of private mortgage of unregistered land
- PRECEDENT M.1.4: Mortgage to secure periodic maintenance payments and financial contributions
- PRECEDENT M.1.5: Deed of release of mortgage to secure periodic maintenance payments and financial contributions
- Close sectionDIVISION N: PARTNERSHIP
- Close sectionDIVISION O: REFERENCE MATERIALS
- Close sectionO.1: Case Law
- ADVERSE POSSESSION
- APARTMENTS
- APPLICATION TO DISMISS CLAIM
- ARBITRATION
- BUILDING AGREEMENT
- BUILDING CONTRACT
- CIVIL LIABILITY ACT 1961
- COMPANIES ACT 1963
- COMPULSORY PURCHASE
- CONCESSION AGREEMENT
- CONTRACT FOR DEVELOPMENT OF LAND
- CONTRACT FOR SALE
- DERELICT SITE
- DISCOVERY
- FRANCHISES
- FRAUD
- FRAUDULENT DISPOSITION
- FREEHOLD COVENANTS
- GUARANTEE
- HOUSING ESTATES
- INJUNCTION
- INSURANCE CONTRACT
- INTERLOCUTORY INJUNCTION
- JOINT TENANCY
- JUDGMENT MORTGAGES
- JUDICIAL SEPARATION
- JUDICIAL SEPARATION AND DIVORCE
- LANDLORD AND TENANT
- LANDLORD AND TENANT (AMENDMENT) ACT 1980
- LANDLORD AND TENANT (GROUND RENTS) ACTS 1967–1984
- LAND REGISTRATION
- ORDERS FOR POSSESSION
- ORDERS FOR SALE
- PARTITION
- PARTITION ACTS
- PLANNING INJUNCTION
- PRESCRIPTION
- PRIVILEGE
- PROBATE
- PROFESSIONAL NEGLIGENCE
- PROPERTY REGISTRATION AUTHORITY
- PROPERTY SERVICES REGULATORY AUTHORITY
- PUBLIC RIGHTS OF WAY
- RIAI AGREEMENT
- RIGHT OF A MORTGAGEE TO APPOINT A RECEIVER PURSUANT TO THE CONVEYANCING AND LAW OF PROPERTY ACT 1881
- RIGHT OF WAY
- SOLICITORS’ LIEN
- SOLICITOR’S NEGLIGENCE
- SOLICITOR’S UNDERTAKING
- SPECIFIC PERFORMANCE
- STATUTE OF LIMITATIONS
- STRIKE OUT
- SUCCESSION
- SUCCESSION ACT 1965
- THIRD PARTY NOTICE
- TRANSFER OF LAND
- TRESPASS
- TRUSTEE ACT 1893
- UNDUE INFLUENCE
- VALUATION
- VARIATION OF INJUNCTION
- VENDOR AND PURCHASER
- VEXATIOUS LITIGATION
- Close sectionO.2: New Legislation
- Landlord and Tenant (Ground Rents) (Amendment) Act 2019
- Family Law Act 2019
- Civil Law (Presumption of Death) Act 2019
- Land and Conveyancing Law Reform (Amendment) Act 2019
- Land and Conveyancing Law Reform Act 2021
- Planning and Development Act 2000 (Exempted Development) (No 2) Regulations 2019
- Civil Law (Miscellaneous Provisions) Act 2008
- CHARITIES ACT 2009
- Land and Conveyancing Law Reform Act 2009
- NURSING HOME SUPPORT SCHEME ACT 2009 (“THE NHSSA 2009”)
- NURSING HOMES SUPPORT SCHEME (AMENDMENT) ACT 2021
- MULTI-UNIT DEVELOPMENTS ACT 2011
- CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011
- PROPERTY SERVICES (REGULATION) ACT 2011
- FINES (PAYMENT AND RECOVERY) ACT 2014
- COMPANIES ACT 2014
- CAPITAL GAINS TAX
- Local Government Reform Act 2014
- CENTRAL BANK (SUPERVISION AND ENFORCEMENT) ACT 2013 (SECTION 48) (HOUSING LOAN REQUIREMENTS) REGULATIONS 2015, SI 47/2015
- Water Services (Amendment) Act 2012
- FINANCE (LOCAL PROPERTY TAX) (AMENDMENT) ACT 2021
- RESIDENTIAL TENANCIES (DEFERMENT OF TERMINATION DATES OF CERTAIN TENANCIES) ACT 2022
- Close sectionO.3: Other Materials
- BUILDING ENERGY RATING (BER) CERTIFICATES
- New Conveyancing Initiatives – eDischarge and QeD form
- QED (Quick electronic Discharge) for Residential Property – QeD Form
- New and revised PRA practice directions on family law matters
- Family Law Declarations and Registration of Title
- RENT-TO-BUY SCHEMES
- TIMELINES IN LOAN APPROVALS AND REVALUATION OF SECURITY BY LENDERS
- RENUNCIATION OF RIGHT TO A NEW TENANCY
- SOLICITORS (PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE – SECURED LOAN TRANSACTIONS) REGULATIONS 2009 (SI NO 211 OF 2009)
- NEW CONDITIONS OF SALE 2019 EDITION
- Revenue Commissioners Tax and Duty Manual 45-01-05 (“Tax and Duty Manual”)
- SALES AND PURCHASES, FUNDS AND DOCUMENTS HELD ON TRUST
- REQUISITIONS ON TITLE 2019 (REVISED EDITION)
- Close sectionO.1: Case Law
- Close sectionDIVISION P: SETTLEMENTS AND TRUSTS
- Close sectionINTRODUCTORY NOTE
- Close sectionPRECEDENTS: Settlements and Trusts
- PRECEDENT P.1: Declaration of trust—mere nominee
- PRECEDENT P.2: Trust for minor children
- PRECEDENT P.3: Discretionary trust
- PRECEDENT P.4: Discretionary trust for incapacitated individual[s]
- PRECEDENT P.5: Life interest trust
- PRECEDENT P.6: Life interest including powers and duties of tenant for life
- PRECEDENT P.7: Charitable trust
- Close sectionDIVISION Q: TRUSTS AND TRUSTEES
- Close sectionCommentary
- Close sectionPRECEDENTS 1: DEEDS OF APPOINTMENT AND RETIREMENT OF TRUSTEES
- PRECEDENT Q.1.2: Deed of retirement and appointment of new trustee where settlor has power to appoint trustees under the terms of the instrument (inter-vivos settlement)
- PRECEDENT Q.1.3: Deed of appointment of new trustee by personal representatives of last surviving trustee exercising the statutory power of appointment under the Trustee Act 1893 (inter-vivos settlement)
- PRECEDENT Q.1.4: Deed of appointment of new trustee with retirement and continuation of existing trustees exercising the statutory power of appointment under the Trustee Act 1893 (will trust)
- PRECEDENT Q.1.5: Deed of appointment of additional trustee where a power of appointment is given to a named individual (will trust)
- PRECEDENT Q.1.6: Deed of appointment of new trustee by personal representatives of last surviving trustee exercising the statutory power of appointment under the Trustee Act 1893 (will trust)
- PRECEDENT Q.1.7: Deed of retirement of trustee with no new appointment, remaining trustees continuing to act (Will Trust)
- PRECEDENT Q.1.8: Deed of appointment of trustees by personal representatives exercising the statutory power of appointment under Section 57 of the Succession Act 1965 (will trust)
- Close sectionPRECEDENTS 2: DEEDS OF APPOINTMENT OF TRUST FUNDS
- PRECEDENT Q.2.1: Deed of appointment of trust funds (on break up of settlement) with actuarial partition between life tenant’s share and reversioner’s share (inter-vivos settlement)
- PRECEDENT Q.2.2: Deed of release of life interest to reversioner (inter-vivos settlement)
- PRECEDENT Q.2.3: Deed of assignment of reversionary trust (will trust)
- PRECEDENT Q.2.4: Deed of appointment of trust funds from discretionary settlement (inter-vivos settlement)
- PRECEDENT Q.2.5: Deed of appointment of trust funds on separate discretionary trusts
- PRECEDENT Q.2.6: Deed of assent (will trust)
- Close sectionDIVISION R: WILLS
- Close sectionCommentary
- Close sectionPRECEDENTS 1: GENERAL WILL PRECEDENTS
- PRECEDENT R.1.1: Gift of entire estate to spouse/civil partner, appointing that person executor with gift over in the event of the death of that person to adult children (or minor grandchildren with simple trust)
- PRECEDENT R.1.2: Gift of entire estate to spouse/civil partner, appointing that person executor with gift over in the event of the death of that person to adult children or minor grandchildren if adult child has predeceased with no formal trust arising (receipt clause by guardians)
- PRECEDENT R.1.3: Gift of entire estate to spouse/civil partner, appointing that person executor with gift over in the event of the death of that person to minor children with no formal trust (receipt clause by guardians)
- PRECEDENT R.1.4: Gift of entire estate to spouse/civil partner, appointing that person executor with gift over in the event of the death of that person to trustees to hold on discretionary trust (long form)
- PRECEDENT R.1.5: Gift of part estate (1/3) to spouse/civil partner, part (2/3) to trustees to hold on discretionary trust (short form) until youngest aged [20] then to children absolutely
- PRECEDENT R.1.6: Gift of part estate (1/3) to spouse/civil partner, part (2/3) to trustees to hold on discretionary trust (short form) for fixed period (until youngest is age [20]) then to children absolutely once aged [25]
- PRECEDENT R.1.7: Gift of entire estate equally between adult children, appointing share for child with disability to trustees to hold on discretionary trust (long form)
- PRECEDENT R.1.8: Gift of residue after various legacies to parents on successive life interests or life interest jointly with gift over for siblings (or their children). Land and Conveyancing Law Reform Act 2009, s 20 to apply without restriction
- PRECEDENT R.1.9: Will leaving everything on life interest to individual (eg spouse/civil partner) with gift over vesting absolutely on death of life tenant. Land and Conveyancing Law Reform Act 2009, s 20 restricted as tenant for life given powers
- PRECEDENT R.1.10: Will leaving everything on life interest for individual (eg spouse/civil partner) with gift over vesting absolutely on death of life tenant. Land and Conveyancing Law Reform Act 2009, s 20 not restricted
- PRECEDENT R.1.11: Will of unmarried couple with minor children. No trust—receipt clause by guardian. Will not to be revoked on marriage of the couple
- PRECEDENT R.1.12: Will of unmarried couple with minor children. Bare trust. Will not to be revoked on marriage of the couple
- Close sectionPRECEDENTS 2: MISCELLANEOUS WILL CLAUSES
- Close sectionREVOCATIONS AND DECLARATIONS
- Close section1: GENERAL
- Close section2: MARRIAGE
- Close section3: JURISDICTION
- 3.1: Will covering all assets world-wide with full revocation
- 3.2: Restriction to Ireland (with partial revocation)
- 3.3: Restriction to Ireland (with full revocation)
- 3.4: Revocation with regard to world-wide assets except in relation to assets situate in a particular jurisdiction
- 3.5: Declaration of law of nationality to govern will
- Close section4: MUTUAL WILLS
- 5: CODICIL
- Close sectionAPPOINTMENT OF EXECUTORS, TRUSTEES AND GUARDIANS
- Close section6: INDIVIDUALS
- 6.1: Appointment of executor/s
- 6.2: Appointment of same people as executors and trustees
- 6.3: Appointment of same people as executors trustees and guardians
- 6.4: Appointment of executors trustees and guardians (alternate form)
- 6.5: Appointment of executors with single substitution
- 6.6: Appointment of executors with multiple substitutions
- 6.7: Appointment of executors and trustees with multiple substitutions
- 6.8: Appointment of partners in firm of solicitors as executors
- Close section7: TRUST CORPORATION/CORPORATE TRUSTEE
- 8: LITERARY EXECUTORS
- Close section9: INTELLECTUAL PROPERTY EXECUTORS
- Close section10: GUARDIANS
- 10.1: Appointment of guardians
- 10.2: Appointment of guardian with an alternative appointment if the first choice dies or disclaims
- 10.3: Appointment of husband/wife to be guardian of children by a former marriage with general revocation of previous appointments
- 10.4: Appointment of guardian jointly with surviving parent or the guardian appointed by the other parent on his/her death
- Close section6: INDIVIDUALS
- Close sectionFUNERAL WISHES AND DONATION OF BODY
- Close sectionLEGACIES
- Close section14: SPECIFIC LEGACIES
- Close section15: PECUNIARY LEGACIES
- 15.1: Simple form of pecuniary legacy
- 15.2: Legacy to husband and wife or survivor
- 15.3: Legacy with substituted provision
- 15.4: Legacy to grandchildren of small amounts providing for receipt from parent or guardian
- 15.5: Legacy to minor providing for receipt of parent or guardian
- 15.6: Legacy to person over 18 years who has a disability so that he is not capable of managing his affairs
- 15.7: Legacy to executors conditional on acting as executor
- 15.8: Legacy to employees
- 15.9: Legacy to employees of company of which testator was principal shareholder
- 15.10: Legacy for the maintenance of grave
- 15.11: Legacy leaving a capital sum on a simple discretionary trust for the benefit of parents during their joint lives with remainder to a siblings with gift over
- 16: CHATTELS
- Close section17: BEQUEST OF SHARES
- Close section18: TAX EFFICIENT LEGACIES
- Close section19: DEBTS
- Close section20: AGRICULTURAL PROPERTY
- 21: COPYRIGHT
- 22: DIGITAL ASSETS
- 23: CHARITABLE LEGACY FOR MASSES
- Close section24: REAL PROPERTY
- Close section25: RECEIPT CLAUSES
- Close section26: MISCELLANEOUS CLAUSES
- Close section27: TESTIMONIUM AND ATTESTATION CLAUSES
- Close sectionREVOCATIONS AND DECLARATIONS
- Close sectionINDEX