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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.
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.
Succession Law in Ireland: Principles, Cases and Commentaries is
not a case book in the traditional sense. The use of cases in this
work is done with the purpose of discerning the key principles,
criteria and prerequisites applied by the courts in arriving at
their decisions, knowledge of which is essential to practitioners
and students in the field of succession law. Succession Law in
Ireland: Principles, Cases and Commentaries contains 16 chapters.
Each chapter is structured in the following way: >the subject
matter; >the legislation, principles, criteria or prerequisites
relevant to the subject matter; >reference to cases and the
application of principles, criteria or prerequisites to the issues,
and the findings of the courts; Author's commentaries appear at the
end of each chapter. The contents cover diverse topics such as:
execution of wills; testamentary capacity and undue influence; the
revocation and revival of wills; class gifts and powers of
appointment the legal right of spouses and civil partners; s 117
applications unworthiness to succeed and disinheritance the
construction of wills; the issue of costs; equitable concepts and
doctrines; foreign elements; the duty of care of solicitors;
accountability and privilege; gifts taking effect on death; the
validity of proceedings; the limitation of actions. Instances of
the type of principles, criteria and prerequisites include the
Kearns' Principles devised by Kearns J (as he then was) in In the
Estate of ABC, XC v RT [2003] 2 IR 250 were derived from previous
cases involving s117 applications to the courts by children of
testators, the Lowry Principles devised by Lowry LCJ in Heron v
Ulster Bank Ltd [1974] N.I. 44 are applied in cases dealing with
the construction of wills, the Fennelly Criteria in Corrigan v
Martin, Unreported, High Court, Fennelly J, 13 March, 2006, are
referred to whenever the provisions of s 9 of the Civil Liability
Act 1961 and the periods of limitation for bringing actions against
the estates of deceased persons become an issue, and the
prerequisites of the equitable doctrine of proprietary estoppel
formulated by Laffoy J in Coyle v Finnegan and Finnegan [2013] IEHC
463. [Subject: Irish Law, Family Law, Inheritance 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]
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
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