Modules

410 Succession

Prerequisite – 122 Introduction to the common law

1. Introduction. Outline of the history of Succession; testate and intestate. Theory and context of inheritance in modern family property law.

2. Intestate Succession. Historical introduction. Twentieth century legislation. The rules relating to total and partial intestacy.

3. Making Wills. The general nature and characteristics of wills. Capacity to make wills. Amimus testandi. Knowledge and approval; effect of undue influence, suspicious circumstances, fraud, mistake. Formalities required for making wills. Incorporation by reference. Alterations. Revocation, revival and republication of wills.

4. Special Wills. Statutory wills for mental patients. Privileged wills. International wills. Nominations. Donatio mortis causa. mutual wills. Conditional wills.

5. Family provision. The concept of testamentary freedom: arguments for and against. Historical and comparative aspects. Fixed rights versus discretion. The Inheritance (Provision for Family and Dependants) Art 1975. [Note: There will be a compulsory question on this topic in the examination paper.]

6. Construction. General principles of construction, common law and statutory. Descriptions of persons and property. Class closing rules. Rectification. Extrinsic evidence.

7. Entitlement. Types of testamentary gift. Characteristic features of legacies and devises. Failure of gifts: ademption, lapse, uncertainty, forfeiture, disclaimer, witnessing a will, commorientes.