Will Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights, and is the third and final book completing the trilogy of practitioner books on wills by the leading expert on this area. The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book: * The creation of trusts by wills by use of precedents * The creation of family will trusts by use of precedents * The creation of will trusts of land by use of precedents * Discretionary will trusts by use of precedents * The creation of charitable trusts by will * The exercise of powers by will trust * The modification of trusts in wills by equitable doctrines

Jurisprudence, Fourth Edition commences with a comprehensive and in-depth account of the three main sources of jurisprudence: classical jurisprudence, substantive jurisprudence and adjunctive jurisprudence. Classical jurisprudence is a historical source of jurisprudence and traces the evolution of natural law and positive law to modern times. Substantive jurisprudence as the primary source of jurisprudence is comprised of the modern theories of naturalism and positivism, the juristic theories of Ronald Dworkin and American legal theory. Adjunctive jurisprudence as a secondary source of jurisprudence is comprised of socio-legal theory and historico-legal theory save only insofar as those theories recognise law as a social or historical phenomenon. This book also introduces and develops a new analytical concept of jurisprudence called the concept of juristic practice. This new concept may be applied when undertaking jurisprudential analyses of legal systems.

Part I, gives a full and detailed account of the enforcement of contracts for the sale of land, interests in land and testamentary contracts by specific performance, enforcement of Pallant v Morgan-type arrangements, collateral contracts, and enforcement of contracts by way of estoppel by convention. Part I also deals with the defence mechanism provided by promissory estoppel in actions of enforcement of terms of contracts. Part II, provides a comprehensive account of the concepts and principles at play in actions to set aside contracts on grounds of equitable mistake, misrepresentation, undue influence, non est factum and improvident transactions. Part III deals with principles of summary judgment applied in the enforcement of debts arising from contracts of loan and guarantees relating to them, arguable defences and remittal of issues to plenary hearing, and also contracts with banks. Part IV presents a full and comprehensive account of the court rules and legal principles governing the discovery of documents, interrogatories, interlocutory and mandatory interlocutory injunctions and issues and principles of costs of entire proceedings and costs of interlocutory applications.

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.

This book provides practical insight on succession law in Ireland. Succession law is the branch of law which provides the rules for the creation of succession rights to property by wills - in the form of devises, legacies, and bequests - and the rules relating to the distribution of estates in cases of intestacy. The book includes a body of useful precedents on wills, probate, and Irish Succession Act precedents. Contents Includes: Succession Rights * The Execution of Wills * Testamentary Capacity * The Revocation and Revival of Wills * Testamentary Gifts and Trusts * The Ademption, Lapse, and Modification of Gifts * Intestate Succession * The Legal Right of Spouses and Civil Partners / Applications by Qualified Cohabitants * The Moral Duty of Testators * The Cessation of Succession and Legal Rights * Donationes Mortis Causa, Joint Bank Accounts, and Advancements * Equitable Property Rights * Applications for Grants of Probate * Applications for Grants of Letters of Administration with Will Annexed * Applications for Grants of Letters of Administration Intestate * Applications for Grants by Guardians, Committees, and Attorneys * Applications for De Bonis Non Grants * Caveats and Citations * The Administration and Distribution of Estates * Probate Motions and Section 27(4) Applications * Probate and Administration Actions and Costs * The Construction of Wills * The Limitation of Actions and Striking Out of Proceedings * Wills Precedents * Probate Precedents * Succession Act Precedents. [Subject: Irish Law, Succession Law, Property Law, Estate Law, Trust Law]

Equity in Practice consists of nine parts and 48 chapters. Part One of the book analyses the primary and secondary precepts of equity in a comprehensive and unique fashion. Part Two undertakes an in-depth study of the various equitable principles, doctrines and remedies and conditions, prerequisites and criteria for their application by the courts. Part Three identifies and analyses the conditions that must be shown to exist before the courts may apply the equitable principles of proprietary estoppel, promissory estoppel and estoppel by convention. Part Four presents the full array of injunctive relief, including mareva, interlocutory and mandatory interlocutory and springboard injunctions, that may be granted by the court of equity in appropriate circumstances. Part Five considers in depth the creation of express trusts, conditional trusts and charitable trusts observing the essential elements for their creation and also matters that may terminate such trusts. Part Six undertakes an extensive analysis of the role, duties, powers and liabilities of executors and trustees in the administration and distribution of trust estates. Part Seven provides a comprehensive discourse of trusts that may be imposed by the court equity in the form of resulting, secret and constructive trusts, and also equitable gifts and survivorship rights that may arise out of joint bank accounts. Part Eight considers fully the types of equitable actions that may be instituted concerning trusts and the equitable principles and doctrines, ex parte and notice of motion applications, summary judgments or leave to defend, actions based on the equitable principle of account taken and lites pendentes. Part Nine, the final part of the book, formulates a concept of equity, suggests how equity may be revitalised by imposing an equitable duty on persons to behave in a conscionable manner when transacting or interacting with others, and considers the relationship between equity and natural law.

In Applied Jurisprudence and Principles of Legal Practice, Albert Keating argues that substantive jurisprudence may be extended to include concepts of applied jurisprudence and principles of legal practice. He advances his argument by asserting that the first task of applied jurisprudence is to identify the basic law of the constitution of a legal system by the application of naturalist and positivist principles. The second task is to identify the sources of law at play in the system, and this includes interpretative sources, which may be ranked as primary, secondary and tertiary sources of law. Interpretative sources also consist of tests and criteria formulated by the courts out of former decisions, and applied to current contentious matters of the same kind. The jurisprudential process of conceptualisation may also be adopted and applied when formulating concepts out of a fusion of rules, duties, and rights, and illustrates this by formulating a concept of a will fashioned out of a fusion of the validity rules of wills, duties of executors and succession rights of beneficiaries. Determinant factors may also be employed for the purposes of devising formulae for use in legal practice, and for identifying the correct legal procedures for use in applications to the courts. [Subject: Applied Jurisprudence, Law]