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Succession Law

Author: Christopher Lehane

ISBN: 9781526522276

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Edition: Fourth

Publication Date: 2022

Publisher: Bloomsbury Professional

Succession Law

Succession Law

Succession law is the law governing the devolution of property on the death of its owner. This new book provides peerless analysis of this branch of law with extensive cross-referencing to related issues such as tax, conveyancing, family law, enduring powers of attorney, limitation of actions, estate accounts, private international law and trusts.

It provides the reader with in-depth coverage of key Irish judgments, statutes, court rule provisions and Court and Probate Officer practice directions. The coverage is supplemented with Court Rule prescribed forms and many non-prescribed drafted forms, titles to grants of representation and checklists, which all readers will find invaluable aids to understanding and applying succession law in practice.

This highly practical book includes a chapter on will drafting and estate planning and provides 10 precedent templates covering most testator requirements:

  • Precedent 1: All to spouse, and should spouse not survive testator by 30 days, all to two children, as substituted residuary legatees and devisees – where child predeceases, gift over to any children of predeceased child alive at date of death of deceased
  • Precedent 2: Residue to children equally, who are minors at date of execution of will
  • Precedent 3: Article 22 EU Succession Regulation choice of law clause, professional executor charging clause and various devises and bequests
  • Precedent 4: Joint devise and various attestation clauses depending on disability of Testator
  • Precedent 5: Demonstrative and charitable legacies and life and remainder interests
  • Precedent 6: Will leaving legal right share to spouse with life estate of residue to spouse and special power of appointment amongst children of testator
  • Precedent 7: Wills – one dealing with estate of the testator in the State only and the other dealing with his estate outside the State
  • Precedent 8: Precedent Codicils
  • Precedent 9: Trust
  • Precedent 10: Discretionary Trust