The Law Society Library's trending legal queries series brings together legislation, leading cases, and other useful resources on elected areas of law. Three topics are currently available, with a new topic published each month.

Legislation

Succession Act 1965, Part VIII ss 101-108.

EU Succession Regulation

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession [2012] OJ L201/107.

• Original version
• Consolidated version

Cases

• In the Matter of the Estate of Patrick Joseph Quinn and In the Matter of an Application by Paul Quinn and Carmel Cullen [2026] IEHC 188.
• In the Matter of the Estate of James Browne Deceased and in the Matter of the Succession Act, 1965 and in the Matter of An Application by Margaret McHale [2024] IEHC 13.
• In the Matter of the Estate of Eileen Rose Turnham Jones and in the Matter of the Succession Act 1965 and in the Matter of an Application by Tracy Ann Kench-Andrews and Peter Roy [2022] IEHC 417.
• In re Patrick John Mannion [2021] IEHC 117.
• In the Matter of the Estate of JJ, ESL (A Minor Suing by her Mother and Next Friend AL) v JH [2021] IEHC 383.
• Lehane, Christopher (as official assignee in bankruptcy in the estate of Sean Dunne) v Dunne, Gayle [2018] IECA 7.
• In re the Estate of William Joseph Courtney [2016] IEHC 318.
• McCormack & Paolozzi v Duff (nee Senezio) & Rabbitte [2012] IEHC 285.
• Re Rowan (Deceased); Rowan v Rowan [1988] ILRM 65.
• In the Matter of the Will of Antonie Marie Bonnet Deceased, Johnston v Langheld [1983] ILRM 359.
• Re Adams, Deceased [1967] IR 424.
• Re Joyce; Corbet v Fagan [1946] IR 277.

Articles

• Albert Keating, ‘The substantive effect of revocation clauses in foreign wills on Irish wills’ (2022) 40(15) Irish Law Times 221-224.
• Aileen Keogan, ‘International succession planning: legal and taxation considerations in the context of the global citizen’ (2017) 30(1) Irish Tax Review 109-116.
• Albert Keating, ‘The effect of revocation clauses in foreign wills on Irish wills’ (2016) 21(4) Conveyancing and Property Law Journal 70-73.
• Edmund Sweetman, ‘Entering the bullpen’ (2015) 109(2) Law Society Gazette 29-31.
• Karl Dowling, ‘Emerald advice’ (2014) 164(7600) New Law Journal 23-24.

Court Rules

• Superior Court Order 79 r 5(10)
• Superior Court Order 79 r 5(8)

Books

• ‘Part VIII: Conflict of Laws Relating to Testamentary Dispositions’ in Brian Spierin, The Succession Act 1965 and Related Legislation (6th edn, Bloomsbury Professional 2024)
• ‘Chapter 15: Conflict of Laws (Part VIII of the Act))’ in Christopher Lehane, Succession Law (1st edn, Bloomsbury Professional 2022) *available as an eBook from the library via VLEBooks
• ‘Para 4.1: Foreign Element’ in ‘Chapter 4: Revocation of Wills’ in Brian E Spierin, Wills: Irish Precedents and Drafting (3rd edn, Bloomsbury Professional 2020)
• ‘Para 11.1.4.4: Grants in Situations of Foreign Domicile’ and ‘para 11.1.4.5: Will in Foreign Language’ in Padraic Courtney et al, Wills, Probate and Estates (8th edn, Oxford University Press 2025)

Precedents

Christopher Lehane, Succession Law (1st edn, Bloomsbury Professional 2022)

• E8: Affidavit of Law (Prove entitlement to grant in foreign country to give entitlement to grant here)

Brian E Spierin, Wills: Irish Precedents and Drafting (3rd edn, Bloomsbury Professional 2020)

• 32: Revocation clause where there is a will dealing with property in another jurisdiction which the testator wishes to remain in force (clause)
• 33: Alternative means of commencing a will where there is a will in another jurisdiction (clause)