The Gazette 1978

GAZETTE

JANUARY/FEBRUARY 1978

EEC TREATIES

SWEET & MAXWELL,

European Community Treaties

edited by Sweet & Maxwell's Legal Editorial Staff. 3rd

edition. London: Sweet & Maxwell, 1977. Paperback,

£3.75. Hardback, £6.00

A short note about the great usefulness of this publication

for rapid consultation of the appropriate texts of the

documents published therein was contained in reviewing

the 2nd edition of this work in the Irish Law Society

Gazette of June, 1975, at p. 173. The third edition

contains altogether 355 pages — an additional 45 pages

as compared with the 2nd edition. The Paris Treaty of 18

April, 1951, and the two Treaties of Rome of 25 March,

1957, establishing respectively the European Economic

Community and the European Atomic Energy

Community are fully noted. Part IV deals with

Community Texts and contains the full texts of (1) the

Protocols on the Statute of the Court of Justice; (2) the

Merger Treaty establishing a single Council and a single

Commission of the Communities; (3) Protocol on the

Privileges and Immunities of the European Commission;

(4) the Budgetary Treaty of April, 1970, establishing a

single Council and Commission for Budgetary matters;

(5) the Treaty of Brussels giving Accession to Britain,

Ireland, and Denmark, as members (January, 1972) and

the Act concerning the conditions of Accession. Finally

the text of the British European Communities Act, 1972,

is printed in full. This volume will repay study to those

who wish to know the essential texts of European

Community Law.

SUCCESSION

MILLER, J. GARETH. The Machinery of Succession.

Professional Books Ltd. - Abingdon, England, 1977,

xliv. 342p. £5.50 Paperback; £9.50 Hardback.

This is an interesting book indeed. Not only are the

conventional modes of transmitting property on death —

by "will" or on intestacy — covered but there is also

material on "gratuitous

inter vivos

transfers" and

transmission of property by what have been called "will

substitutes". The author makes references to the position

in other legal systems which often help to highlight the

essential features of the English system of Succession.

However, there are only a few brief references to Irish

law. This is not a comprehensive textbook on Succession.

The author does not include any material on the

construction of wills, for instance.

The author explains in the Preface that he wants to

show, first, that "the machinery of Succession is wider in

scope than has been generally recognised in existing

books on Succession". His second aim is, in examining

the characteristics of the different methods of transmitting

property and the requirements of the law in each case, "to

consider the interests which the law seeks to protect". His

third aim is "to describe the main factors which are likely

to influence the choice of machinery."

In the first chapter the author discusses some basic

principles of the law of Succession. There is also a useful

discussion in Chapter Four of the whole process of

Probate. The authority of the personal representative is

discussed. Nomination of property and the dispensing with

Probate and Administration are also dealt with. There is a

chapter on Intestate Succession; there are four chapters

on Wills, their nature and characteristics, the

animus

testandi,

the formal requirements for a Will and the

revocation of Wills; there are chapters on

inter vivos

dispositions and the relationship between gifts

inter vivos

and Succession on death; and there is a chapter on

donationes mortis causa.

The following are some of the lessons to be learned by

the student reading this book. First, taxation is an

important factor in drafting a Will but, according to the

author, it is unlikely to be the over-riding factor. Taxation

must be considered also when advising a personal

representative throughout the administration of a

deceased person's estate. Two chapters are devoted to

taxation. Second, the protection of the Testator's family

must be considered during the course of the

administration. The English position is covered and

compared with foreign systems and the possibility of

reform is discussed. (In Ireland, the personal

representatives, of course, have certain statutory duties in

this area). Third, the formalities required for a Will must

be carefully observed. The consequences of improper

execution of a Will are discussed. The following questions

are also raised: What are the advantages in holograph

Wills? What countries recognise holograph Wills as a

distinct kind of Will which need not be witnessed? Would

it be possible to reduce the formalities required for the

execution of the "witnessed" Will? Fourth, the

development of new forms of property provides new

challenges for the law of Succession. Life assurance and

pension funds are discussed in two interesting chapters.

Fifth, once a Will has been admitted to probate its

contents become open to public inspection. This cannot

be avoided but the use ofjoint tenancy as a Will substitute

is examined. Sixth, a testator's planned distribution may

be modified by, for example, disclaimers, appropriations,

family arrangements and tax considerations. (In the Irish

context, of course, one must consider the legal right of the

spouse and also the right of application to Court given to

a child by Section 117 of the Succession Act 1965).

This book is a good indicator for a student of what can

be involved in Probate practice. Although it could not be

regarded as a reference book this book should

nevertheless serve a useful purpose for the practitioner as

it takes a fresh look at, and gives a broader perspective of,

the law of Succession.

Hugh M. Fitzpatrick.

THE FIRST BAYSIDE VILLAGE DEVELOPMENT

SOCIETY LIMITED RESIDENTS ASSOCIATION

The Management Committee of the First Bayside

Village Development Society Ltd. would like to draw

Solicitors' attention again to Item 19,4th Schedule Lease

of Bayside, which deals with transfer of shares of this

Society.

Failure by Solicitors to comply with this Item in the

conveyancing of a number of sales in Bayside is viewed in a

very serious light at it is the custom of the above Society to

ensure that all monies owing to it are paid before any

transfer is approved.

Any queries regarding the above should be sent to Marie

Miller, Secretary, 6 Sutton Downs, Bayside, Dublin 13.