Succession Part One Flashcards
What are the three ways to transfer property?
(1) Inter vivos transfer, (2) Succession upon death, (3) Donatio Mortis Causa.
What law governs succession in Ireland?
The Succession Act 1965.
Who administers an estate when a person dies?
The personal representatives (executors if a will exists, administrators if intestate).
What is a will?
A legal document specifying how property should be distributed after death.
What are the three key formal requirements for a valid will?
(1) In writing, (2) Signed by the testator, (3) Witnessed by at least two people.
What case established the test for testamentary capacity?
Banks v Goodfellow [1870].
What is the “executor’s year”?
The time (one year) given to executors to administer the estate before beneficiaries can compel distribution.
What are the three ways a will can be revoked?
(1) By marriage, (2) By a later will, (3) By destruction with intent.
What is dependent relative revocation?
A will revoked by mistake may be restored if the testator relied on incorrect information.
What are some reasons a gift in a will might fail?
(1) Witness-beneficiary rule, (2) Lapse, (3) Disclaimer, (4) Uncertainty, (5) Unworthiness (e.g., killing the testator), (6) Simultaneous death, (7) Ademption.
What is ademption?
The failure of a specific gift if the testator no longer owns the item at death.
What is the primary principle in interpreting wills?
The testator’s intent must be respected.
What is the “armchair principle”?
The court puts itself in the testator’s position to determine their intent.
What is Section 90 of the Succession Act 1965?
Allows extrinsic evidence only if there is ambiguity in the will.
What is the legal right share (LRS) for a surviving spouse?
(1) 50% of the estate if no children, (2) One-third of the estate if children exist.
Can a spouse lose succession rights?
Yes, due to desertion, crime against the deceased, divorce, or renunciation.
How can a spouse claim the family home in place of the LRS?
Through appropriation (Section 56, Succession Act 1965).
Do children have an automatic right to inheritance?
No, but they can apply under Section 117 if the parent failed in their moral duty
What factors determine a parent’s moral duty?
(1) Testator’s means, (2) Child’s needs, (3) Prior gifts, (4) Conduct of the child.
What case set out key principles for Section 117 applications?
Re ABC Deceased [2003] 2 IR 250.
