Impact of adoption on s. 117 claims
I have been looking at various elements of section 117 claims over the last number of emails. Just a quick one on this. If a couple or parent places a child up for adoption, will it mean the child...
View ArticleGifts to adopted children by natural parents
I’m really dating myself here. But was your early childhood full of M*A*S*H*, Basil Brush and the Little House on the Prairie? Well maybe it wasn’t, but the latter programme with the great Michael...
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Obligation of personal representative to ex-spouse of deceased
There are many obligations of personal representatives in the context of an estate, but one particular explicit obligation is set out, not in the Succession Act 1965 but in the Family Law (Divorce)...
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Children born outside marriage and intestacy
In intestacy cases there are certain key rules that we all keep in mind. For example, we know that the share of a pre-deceased child is preserved for any living issue. Likewise in respect of children...
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Conflicting Irish and Foreign Wills
Judge Butler in a recent case has ruled that a revocation clause in a UK will revokes an Irish will. The case is a timely reminder of some of the basics that apply to will drafting practice which...
View ArticleResiduary Clauses – Partial Intestacy
We all know the importance of having a residuary clause, however, it is not something that clients focus on and we as practitioners must provide a prompt for clients in relation to these. There tends...
View ArticleGift over
When will drafting one naturally looks at the wishes of the testator and who are the intended beneficiaries. However all too often practitioners fail to mention to the testator about dealing with the...
View ArticleLapse and married beneficiaries
Last week I took the opportunity to suggest that it is always worthwhile to remind those drafting wills to consider the issue of gift over clauses. I also mentioned that if a beneficiary pre-deceases...
View ArticleConsequences of will Revocation
There was a recent interesting case in the High Court concerning revocation. The conclusion of the case may be a surprise or a concern. The case is that of In the Matter of the Estate of John Coughlan...
View ArticleSevering Joint Tenancies
It can often be the case that a residue clause whether on purpose or inadvertently will have the consequence that the residue is left jointly between beneficiaries rather than as tenants in common....
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