Republic of Ireland Law
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1. Section 63 of the Succession Act, 1965, which operates in Ireland, operates so as to take into account any lifetime enrichment of the beneficiary of a will, when computing their share under a will. This means that the will does not operate with a clean slate, but there is a reckoning of all enrichment of the beneficiary by the testator during the testator's lifetime, when computing what the beneficiary is to receive under the will.
2. It is not a provision which has found much favour with many people making a will, because it means the testator's intentions expressed in a will, get subverted by a reckoning of all dealings between the testator and each beneficiary when computing their entitlement under a will. It is for this reason that many solicitors exclude its application as a general practice.
3. The advantage of excluding the operation of section 63 is that essentially the will deals with the assets of the testator at death and speaks as of that moment, without any reckoning of the past. The will stands on its own merits and is separate from any prior dealings between the testator and any of the beneficiaries.
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