The Law of Wills, 2ed

Author: Dr Albert Keating

ISBN: 978-1-911611-05-9 

Format and Price: Hardback

Publication Date: April 2018

The Law of Wills, Second Edition, is a comprehensive and in-depth account of the law of wills, including the procedures and practices required in the making of a will.  Comprehensively revised since the first edition and with the inclusion of useful precedents this book will be an essential tool for every solicitor dealing with and advising on wills. Since the first edition   various Act of the Oireachtas have been passed that impinge on the law of wills and the making of wills, such as the Land and Conveyancing Law Reform Act 2009, Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, Charities Act 2009 and Finance Act 2010, and also Statutory Instruments, Case Law and Probate Office Updates.

The Law of Wills, Second Edition, adopts a unique three-stage approach to the making of wills.  The first stage involves the taking of instructions by the testator’s solicitor for the preparation of his or her will.  The second stage involves the preparation of the will in accordance with the information provided by the testator in the instructions sheet; wills precedents may be used as guidelines when “translating” the testator’s wishes into the language of wills.  The third stage involves the knowledge and approval by the testator of contents of his or her will followed by the execution of the will in accordance with s.78 of the Succession Act 1965.

The Law of Wills, Second Edition, also considers in depth applications for grants of probate by executors, and the administration and distribution of a deceased’s estate. It also deals with probate actions challenging the validity of wills, administration actions by beneficiaries regarding their rights and interests in wills, s 117 applications by children of a testator for proper provisions out of the deceased’s estate, construction suits to interpret provisions of a will, and equitable claims that may be brought against the estate in the form of proprietary estoppel or remedial constructive trusts.

Content includes

PART I: WILLS AND CODICILS

1. Instructions for Wills

1. The Banks v Goodfellow Test of Testamentary Capacity

1. Wills Precedents

1. The Nomination of Executors and Trustees

1. Principles of Knowledge and Approval

1. The Execution of Wills

1. Methods of Revocation of Wills

1. The Effect of Revocation Clauses in Foreign Wills on Irish Wills and Property

1. Conditional and Mutual Wills

1. Codicils

PART II: GIFTS IN WILLS AND WILLS TRUSTS

1. Gifts of Real Estate

1. Gifts of Personal Estate

1. Gifts of Residuary Real and Personal Estate

1. Joint Tenancies and Tenancies in Common

1. Gifts in Satisfaction of the Legal Right

1. Wills Trusts

1. The Failure of Devises, Legacies and Bequests

PART III: PROBATE OF WILLS AND ADMINISTRATION AND DISTRIBUTION OF ESTATES

1. Probate of Wills

1. Letter of Administration with Will Annexed

1. Attorneys of Executors

1. The Administration and Distribution of Estates

1. Distribution of Estates on Partial Intestacy

1. Partially Administered Estates

1. The Liability and Removal of Executors and Administrators

PART IV: ACTIONS AND CLAIMS INVOLVING WILLS

1. Probate and Administration Actions

1. Actions Based on Undue Influence and Procurement of Wills

1. Statutory Claims Against Estates of Deceased Testators

1. The Construction of Devises, Legacies and Bequests

1. The Application of Equitable Doctrines

1. The Acquisition of Equitable Property Rights