96 / 424
A new Law Centre was opened to the public by the Minister for Equality and Law Reform, Mr. Mervyn
Taylor, T.D., at Upper Mount Street, Dublin on 2 February.
Photo shows the Minister, Mervyn Taylor, (right), viewing facilities at the new centre, with Frank Brady,
Assistant Chief Executive, Ray Finucane, Solicitor in Charge, and Pierse Rayel, Chief Executive, Legal
Aid Board. Law Clerk Rachel Ward was providing the information.
SOLICITORS ACTS 1954 to 1994
A COMPENDIUM
The complete Solicitors Acts consolidated and referenced in one volume.
Available from:
Linda Dolan
The Law Society
Blackhall Place, Dublin 7.
Phone: 671 0711
Cost: £15 . 00 + p.p. £1 . 40
GAZETTE
M
EDI WH
MARCH1995
To Mrs. Rooney and her children goes
our deepest sympathy.
Ar dheis dé go raibh a ainm dhilis.
France. Desmond Junior is a solicitor in
the office of Arthur O'Hagan & Co., in
Dublin. Fergal is Chief Solicitor in the
Legal Aid Office in Limerick and Niall
is the County Registrar in Waterford.
Desmond Rooney carried on an
extensive practice for many years in
Galway City where he was widely
respected by his professional colleagues
and was held in the highest of esteem by
his many friends and clients whose
interests were always his primary con-
cern. He suffered greatly from ill health
for many years and this resulted in his
premature retirement from practice.
A love of the sea was one of the many
reasons why Desmond Rooney made his
home in Galway and in earlier years a
favourite hobby was sailing and he spent
many peaceful hours on Galway Bay.
His love of sailing was inherited by his
daughter Aideen. During the long years
of his illness, Desmond was faithfully
and lovingly cared for by his devoted
wife Sheila who gave unsparingly of her
time and herself and who was a great
comfort to him during difficult times.
He was very proud of her.
Desmond Finbar Rooney
An Appreciation
Continued from page 69
The Succession Act: S.117
and Life After Death
Continued from page 68
Conclusion
The following conclusions may be
drawn from the foregoing analysis:
1. It is appropriate to take into account
events after death which were
reasonably foreseeable within the
testator's lifetime:
Re N.S.M.
14
.
2. Despite the views expressed in
Re
J.H., deceased
15
and
Re J.H. de B.,
deceased,
16
it is not legitimate in
assessing the question of failure of
moral duty to consider unforeseeable
events which take place after the
death of the testator.
3. However, once a failure in moral
duty has been established, it is
permissible to consider the facts at
the date of the hearing in
determining what amounts to just
provision for the applicant:
M.P.D.
v
M.D:
1
References:
1. Striking practical examples of
circumstances changing after the testator's
death are provided by the Australian cases
of
In re Wheare
[1950] S.A.S.R. 61
(accident causing serious injury to
applicant) and
Re Forsaith
Dec 'd
( 1 9 2 6)
26 S.R. (N.S.W.) 6 1 3; 4 3 W.N. 171
(married daughter deserted by her
husband).
2. ( 1 9 7 2) 1 0 6 I . L . T . R. 82.
3. See e.g.
C.C. and Ch. F. v. W.C. and T.C.
[1990] 2 I.R. 143, 149.
4. ( 1 9 7 3) 107 I.L.T.R. 1.
5. Note the comments of Townley J. in the
Australian case of
Re Browne Dec'd
[1952] Q.S.R. 4 7 , 4 9 - 5 0: ' T o take into
consideration changes in circumstances
which could not have been foreseen by the
testator would be to attribute to him not
only wisdom and a sense of justice but also
the gift of prophecy."
6. [1984] I.R. 599.
7.
Ibid.,
607.
8.
Ibid.
9. [1991] 2 I.R. 105.
10.
Ibid.,
112.
11. [1981] I.L.R.M. 179, 188.
12. On the facts of the case, Carroll J. held that
she was precluded from making an order
by the fact that the relevant application
was made outside the time-limit laid down
in s.l 17(6), i.e. one year from the taking
out of representation.
1 3 . ( 1 9 5 6 ) 95 C.L.R. 494. For recent
confirmation of this approach in Australia,
see
e.g.
the decision of the Full Court of
the Supreme Court of South Australia in
Eckert
v
Starick
unreported, June 15 1994.
14. Supra.
15. Supra.
16.
Supra.
17. Supra.
*John Mee is a Lecturer in Property
and Equity Law, University College,
Cork.
72