Archive for September 2022
Assisted Decision Making – Seanad Amendments
Just a short note to state that the Seanad amendments to be debated at Committee Stage of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 were published on the 28th of September 2022. There were 80 amendments to the Bill listed for debate at Committee stage. What is surprising is that there were a large number…
Read MoreAssisted Decision-Making – Where are we now?
In last week’s blogs we noted that the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 had its second reading in the Seanad. According to Seanad debates, committee stage was due to take place on Tuesday the 20th of September, but the Bill was not listed on the Schedule of Committees for that day and the list…
Read MoreAssisted Decision Making – Commencement Update
Just a short note to state that it appears that The Department of Children, Equality, Disability, Integration and Youth (DCEDIY) have confirmed to us that the commencement of the Assisted Decision-Making (Capacity) Act 2015 is due to be November 21st 2022. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022 has passed through all the stages in the…
Read MoreLapse 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 the deceased the gift will lapse. One important exception to this is section 98 of the Succession Act. This provides as…
Read MoreGift 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 circumstance of a beneficiary who pre-deceases the testator. This is an important point because if a beneficiary pre-deceases the testator the benefit…
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