The Gazette 1995

GAZETTE

M EDI WH MARCH1995

To Mrs. Rooney and her children goes our deepest sympathy. Ar dheis dé go raibh a ainm dhilis. 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. 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 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 Desmond Finbar Rooney An Appreciation Continued from page 69 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

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

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.

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