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Author : Law Reform Commission
Publisher :
ISBN 13 :
Total Pages : 174 pages
Book Rating : 4.:/5 (129 download)
Download or read book Section 117 of the Succession Act 1965 written by Law Reform Commission and published by . This book was released on 2017 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geraldine Carr
Publisher :
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (795 download)
Download or read book Extending the Boundaries of Section 117 of the Succession Act 1965 written by Geraldine Carr and published by . This book was released on 2007 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John Mee
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book The Succession Act written by John Mee and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers the appropriate judicial approach to events after the death of the testator when a claim is made for increased provision on the basis that, under section 117 of the Irish Succession Act 1965, the testator has failed in his or her moral duty to the applicant child. (An approach consistent with the argument of this 1995 article was taken by the Irish Supreme Court in Re LB; EB v SS [1998] 2 ILRM 141).
Author : Brian Spierin
Publisher : Bloomsbury Publishing
ISBN 13 : 1784518085
Total Pages : 686 pages
Book Rating : 4.7/5 (845 download)
Download or read book Succession Act 1965 and Related Legislation: A Commentary written by Brian Spierin and published by Bloomsbury Publishing. This book was released on 2017-05-29 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Succession Act 1965 became operative on the 1 January 1967, and was accompanied by McGuire's seminal work of commentary on the Act. Now fifty years on, this commentary is in its this fifth edition, and continues to be a cornerstone work, examining the Succession Act 1965 in detail along with other related legislation which impacts upon succession. Each section of the 1965 Act (as amended) is set out in full, and followed by a detailed narrative commentary which explains the sections and examines how they have been interpreted by the courts. Up-to-date appendices contain the relevant Probate Office, Superior Courts and Circuit Courts forms. Written by one of the leading experts in the field, the aim of this book is to make it as accessible as possible in assisting solicitors, barristers and judges alike. The Succession Act has long acted as a weathervane of social change in Ireland, taking into account changes such as the status of illegitimacy and the introduction of divorce. This new edition these into account most recent social and constitutional changes which have impacted the law of succession, including the introduction of marriage equality. Includes the following important cases: DPP v Heather Perrin Nevin v Nevin Cawley v Lillis.
Author : Brian E. Spierin
Publisher :
ISBN 13 : 9781854752949
Total Pages : 538 pages
Book Rating : 4.7/5 (529 download)
Download or read book The Succession Act 1965 and Related Legislation written by Brian E. Spierin and published by . This book was released on 2003 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first edition of this text (written by W. McGuire) was published in 1966, shortly after the Succession Act was enacted. It was then updated in 1986 by Professor R.A. Pearce. This third edition brings the work up to date and examines other related legislation which impacts upon succession, such as the Status of Children 1997 and the Divorce Act 1996. Practitioners will be familiar with its clear, concise layout and exposition on a section by section basis of the legislation.
Author : Michael Buckley
Publisher : Bloomsbury Publishing
ISBN 13 : 1526506890
Total Pages : 1626 pages
Book Rating : 4.5/5 (265 download)
Download or read book Capital Tax Acts 2019 written by Michael Buckley and published by Bloomsbury Publishing. This book was released on 2019-06-12 with total page 1626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its twenty-seventh edition, this indispensable guide to capital taxes provides the reader with annotated legislation in the areas of stamp duty, CAT and local property tax. All changes brought by the Finance Act 2018 are included, together with any other relevant legislation since the previous edition. All relevant information issued by the Revenue Commissioners is also included. Each section of the book takes the area of tax it deals with and runs through each Act and Statutory Instrument which is relevant to it, with notes which detail definitions, amendments, cross-references, e-Briefings, Tax Briefings, former enactments and relevant case law.
Author : Christopher Lehane
Publisher : Bloomsbury Publishing
ISBN 13 : 152652225X
Total Pages : 1363 pages
Book Rating : 4.5/5 (265 download)
Download or read book Succession Law written by Christopher Lehane and published by Bloomsbury Publishing. This book was released on 2022-03-28 with total page 1363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 The book's appendices, too, contain a wealth of practical information such as: * Draft precedent titles for grants of representation. *Template proceedings, wills, forms and letters. *Practitioner, testator and legal personal representative checklists. *Unique genealogical kinship tracing diagram and table. *Probate system process maps. * Superior Court, Land Registry and Registry of Deed Rules and forms. * Non-prescribed Forms. * Sample High Court contentious probate summonses. * Law Society guidelines for solicitors drafting wills and dealing with vulnerable clients. * Practitioner guidance on costs. This title is included in Bloomsbury Professional's Irish Wills and Probate online service.
Author : Brian Tobin
Publisher : Bloomsbury Publishing
ISBN 13 : 1509952543
Total Pages : 239 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Legal Recognition of Same-Sex Relationships written by Brian Tobin and published by Bloomsbury Publishing. This book was released on 2023-02-23 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the key issues affecting same-sex families in Ireland and beyond today: marriage; formalised and non-formalised same-sex relationships outside of marriage; parental rights for same-sex couples with donor-conceived or surrogate-born children; and the protections afforded to same-sex families under European human rights law. It critically examines the Irish and Australian citizen-led approaches to achieving marriage equality, which made Ireland and Australia the first and second countries in the world, respectively, to extend the institution of marriage to same-sex couples on foot of a popular vote. It analyses the pragmatic and symbolic effects of civil partnership, which was the premier means of formalising same-sex unions in Ireland. Ireland's hurried 'divorce' from civil partnership in the aftermath of marriage equality is examined in light of evidence from the U.K. indicating that this mode of relationship recognition remains popular with both same-sex and opposite-sex couples in that jurisdiction. The book goes on to consider the legal position of same-sex couples who are parenting children born via assisted reproductive techniques (ARTs) like donor-assisted human reproduction (DAHR) and surrogacy. Finally, it looks at the impact (or lack thereof) of the European Convention on Human Rights (ECHR) as regards the protection of same-sex relationships, marriage and parental rights for same-sex couples. It does this to determine what is required of Ireland and other states party to the ECHR to comply with European human rights obligations when it comes to legally recognising couples, and parents, of the same sex. Shortlisted for the 2024 SLS Margaret Brazier Prize for Outstanding Mid-Career Scholarship.
Author : J C W Wylie
Publisher : Bloomsbury Publishing
ISBN 13 : 152651348X
Total Pages : 1563 pages
Book Rating : 4.5/5 (265 download)
Download or read book Wylie on Irish Land Law written by J C W Wylie and published by Bloomsbury Publishing. This book was released on 2021-01-08 with total page 1563 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written with both legal students and practitioners in mind, this highly specialist book is widely recognised as the definitive guide to Irish land law. Comprehensive and clear, this title not only covers the subject of Irish land law with depth and detail, it also offers invaluable information on equity, trusts and succession. It is regularly cited as authoritative by Irish judges at the highest level. Irish Land Law joins with John Wylie's other extensive work in conveyancing law and landlord and tenant law to cement Wylie's place as one the most esteemed authors in Irish property law. His other titles include Landlord and Tenant Law and Irish Conveyancing Law. Includes the following developments in case law: · Enforcement of mortgage debts and security for loans, including the impact of the Central Bank and Consumer Protection Codes and personal insolvency legislation. · Rules governing appointment of receivers and their duties and powers, including appointment of court receivers by way of equitable execution. · Operation of NAMA, its duties and powers. · Acquisition of public rights of way and of easements by prescription. · Enforcement of judgment mortgages and vacation of lites pendentes. · Adverse possession. · Nature of a licence coupled with an interest and right of residence. · Rules governing validity and construction of wills · Court powers to remove personal representatives and claims against a deceased person's estate. In addition, the new edition incorporates reference to new legislation, such as the Residential Tenancies (Amendment) Acts 2015, 2016 and 2019; Personal Insolvency (Amendment) Act 2015 and Land and Conveyancing Law Reform Act 2019. This title will naturally be of great use to solicitors, barristers, students of land law and government departments. However, it will also be of interest to property consultants, real estate agents and financial institutions.
Author : Paul Ward
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403546344
Total Pages : 273 pages
Book Rating : 4.4/5 (35 download)
Download or read book Family and Succession Law in Ireland written by Paul Ward and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Ireland covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Ireland. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author : Penelope McRedmond
Publisher : Bloomsbury Publishing
ISBN 13 : 1526508478
Total Pages : 424 pages
Book Rating : 4.5/5 (265 download)
Download or read book Mediation Law written by Penelope McRedmond and published by Bloomsbury Publishing. This book was released on 2018-11-16 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 2017 the Government passed the Mediation Act 2017. This Act sets out a statutory framework integrating mediation into the Irish civil justice system. The 2017 Act aims to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs, speeding up the resolution of disputes and reducing the stress and acrimony that often accompanies court proceedings. This new title focuses on the 2017 Act and takes the reader through it section by section, analysing the meaning and impact of each. In addition this is the first book in Ireland to draw together the law from many different disciplines and apply them to mediation. The relevance of the law of contract to mediation and the law relevant to family law mediations are particularly highlighted. The book also examines the law relevant to mediation in the context of the fundamental principles of mediation. The voluntary nature of mediation, the self determination of the parties, the neutrality and impartiality of the mediator and particularly the importance of confidentiality in the mediation process are therefore all explained in relation to the legal issues that arise as a consequence of their relevance to the mediation process. The book enables the reader to understand the relationship between the Mediation Act and the civil justice system with a detailed look at the relevant Rules of Court their interaction with the Act and application by the Courts. In European Union law the impact of the Directive on certain aspects of mediation in civil and commercial matters 2008 is referenced throughout the book. The book also examines a number of statutory procedures that fall outside the Mediation Act, giving a convenient, easily accessible description of the mediation processes under the following: · Workplace Relations Act 2015 · The Residential Tenancies Act 2004 · The Disability Act 2005 · The Multi-Unit Developments Act 2011 · The Civil Liability and Courts Act 2004 · The Financial and Pensions Ombudsman Act 2017 Penelope McRedmond is a UK and US Lawyer and certified mediator. She taught constitutional law for a number of years in the UK and has recently been working as an independent researcher and writer while also lecturing on mediation at the Irish School of Ecumenics at Trinity College Dublin.
Author : Paul A McDermott
Publisher : Bloomsbury Publishing
ISBN 13 : 1780436270
Total Pages : 2024 pages
Book Rating : 4.7/5 (84 download)
Download or read book Contract Law written by Paul A McDermott and published by Bloomsbury Publishing. This book was released on 2018-01-05 with total page 2024 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Law, Second Edition is a comprehensive and informative account of Irish contract law which contains all of the developments since the first edition was published in 2001. Building on the original material of the first edition, this edition contains two new chapters which examine the topics of: - How to successfully make contracts - Remedies other than damages, namely specific performance, injunctions and restitution The law relating to contracts is set out and explained under clear headings and in straightforward language. In addition, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies. This edition also includes a large number of new cases from the High Court, Court of Appeal and Supreme Court on every area. This title was written by a practitioner who is also an academic, the book sets out the principles and case law in a clear and structured manner with easy to use headings and an easy to navigate format. The information is both of an academic interest and with serious practical relevance. Practitioners, students and anyone who has to deal with contracts in the course of their work will benefit from this most welcome new edition.
Author : Brian Spierin
Publisher : Bloomsbury Publishing
ISBN 13 : 1526512246
Total Pages : 465 pages
Book Rating : 4.5/5 (265 download)
Download or read book Wills - Irish Precedents and Drafting written by Brian Spierin and published by Bloomsbury Publishing. This book was released on 2020-12-21 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for the DSBA Practical Law Book of the Year Award 2020 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. Cases: 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
Author : Karen Walsh
Publisher :
ISBN 13 : 9781905536863
Total Pages : 0 pages
Book Rating : 4.5/5 (368 download)
Download or read book Farming and the Law written by Karen Walsh and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Farming and the Law is the first publication in Ireland, in over a decade, dealing specifically with legal issues that arise in farming. It offers a comprehensive overview of the legal issues of which farmers should be aware, in an increasingly complex and regulated environment. This book serves to demystify and decipher the often incomprehensible jargon associated with the law as it relates to farming. Irish farming has changed significantly over the years, and it continues to evolve. In a short space of time, it has become more bureaucratic and regulated. Specialist knowledge is required to fully appreciate the problems that farmers face today, as many decisions carry legal, tax, and practical implications. Farmers and landowners who keep abreast of current laws and regulations will be empowered to make better decisions for their farming business. This book is designed to be accessible to the layperson, including farmers, members of the public, and anyone interested in the law in relation to farming. It also will provide an invaluable reference for legal practitioners advising clients in this particular area of law. [Subject: Property Law, Irish Law, Farm Law]Ã?Â?Ã?Â?
Author : Jens M. Scherpe
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363034
Total Pages : 417 pages
Book Rating : 4.7/5 (853 download)
Download or read book European Family Law Volume II written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
Author : Brian Bohan
Publisher : A&C Black
ISBN 13 : 1780433522
Total Pages : 987 pages
Book Rating : 4.7/5 (84 download)
Download or read book Bohan and McCarthy - Capital Acquisitions Tax written by Brian Bohan and published by A&C Black. This book was released on 2013-01-01 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bohan and McCarthy: Capital Acquisitions Tax is recognised by tax practitioners as the leading authority on the law of capital acquisitions tax in Ireland. It guides the practitioner through the financial processes required to navigate when handling transactions with a capital acquisition tax aspect.The fourth edition includes:1. Changes to CAT Consolidation Act 2003 and the Taxes Consolidation Act 1997 introduced in five Finance Acts (2009 to 2013 inclusive).2. Relevant Irish and other case law since 2008.3. Analysis of and reference to updated Revenue commentary and precedents since 2008.4. Updated worked computations and examples where necessary in the context of any changes in CAT law.Table of contents:Chapter 1 IntroductionChapter 2 DefinitionsChapter 3 TerritorialityChapter 4 Gift Tax, Inheritance Tax and PropertyChapter 5 Taxable ValueChapter 6 ValuationChapter 7 Valuation DateChapter 8 ReliefsChapter 9 Agricultural PropertyChapter 10 Business ReliefChapter 11 ExemptionsChapter 12 Computation of CATChapter 13 Double Taxation ReliefChapter 14 Co-ownershipChapter 15 Partnerships and Lloyd's UnderwritersChapter 16 SettlementsChapter 17 Discretionary TrustsChapter 18 InsuranceChapter 19 Anti-avoidanceChapter 20 Returns and AssessmentsChapter 21 Revenue Powers and AppealsChapter 22 Payment of Tax and Interest on TaxChapter 23 MiscellaneousAppendicesAppendix A: Probate TaxAppendix B: Agricultural Relief prior to 22 January 1997Appendix C: Statement of Practice SP-CAT1-04Previous print edition ISBN: 9781847662439
Author : Alexandra Braun
Publisher : Oxford University Press
ISBN 13 : 0191074500
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)
Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-08-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.
