FE1 Exam Thread (Read 1st post!) NOTICE: YOU MAY SWAP EXAM GRIDS

Kcookies2015

fe1fml wrote: »

Thanks Kcookies good to know! Did you mention in an earlier post about finding? is that likely to come up??

It's tipped to be part of PQ like in last sitting. Trespasser goes into field finding something half buried in the ground. Treasure trove etc

Finding has come up in 9 out of the last 11 papers I think it's a favourite of this examiner. Know above and below & treasure trove. Discuss briefly ones irrelevant to Q to show vast knowledge for brownie points

Rebelgirl87

Any strong predictions for tomorrow so l can put those notes under my pillow for that half an hours sleep lm going to get & have divine inspiration after!!!!

kiwi33

fe1fml wrote: »

Cheers!!
Anyone know how the succession questions came up last time around?

q5 Answer a and b

a critically analyse the rules and priciples which govern the construction of wills under irish succession law

b briefly discuss the rules and principles which dictate how an intestate's etate should be distributed ( succession act came in fierce handy for this!)

then a problem question a and b

A) problem question re joint tenants and comorientes

problem question about person leaving all to cats and dogs home daughter got nothing but did get 15,000 10 years ago

fe1fml

kiwi33 wrote: »

q5 Answer a and b

a critically analyse the rules and priciples which govern the construction of wills under irish succession law

b briefly discuss the rules and principles which dictate how an intestate's etate should be distributed ( succession act came in fierce handy for this!)

then a problem question a and b

A) problem question re joint tenants and comorientes

problem question about person leaving all to cats and dogs home daughter got nothing but did get 15,000 10 years ago

OH FABULOUS!!!
So the only somewhat decent examiner in the FE1s who guarantees two bankable questions now likes to mix things up!! GREAT!!! Hopefully it wasn't a warning shot last time that from now one only bank on one because if so I'm royally screwed!!! Well even more so than I am right now

Kcookies2015

Rebelgirl87 wrote: »

Any strong predictions for tomorrow so l can put those notes under my pillow for that half an hours sleep lm going to get & have divine inspiration after!!!!

2 q on succession

Q on finding PQ

Adverse possession

Easements

Family property element of cohabitants act

Co ownership - severance, joint tenancy & tenancy in common

Figsy32

Licences and Rights of Residence chapter has come up 7 out of the last 10 and wasn't on the last paper!

Kcookies2015

fe1fml wrote: »

OH FABULOUS!!!
So the only somewhat decent examiner in the FE1s who guarantees two bankable questions now likes to mix things up!! GREAT!!! Hopefully it wasn't a warning shot last time that from now one only bank on one because if so I'm royally screwed!!! Well even more so than I am right now

There's always construction of a will & valid will in a question & other usually is providing for children and their application to courts if not. Been 2 Q's on each paper since 2008.

Kcookies2015

Figsy32 wrote: »

Licences and Rights of Residence chapter has come up 7 out of the last 10 and wasn't on the last paper!

Independant say it's due in this one as a result of not been in last paper. It wasn't on March 2014 either but was for next two so might be our sitting and next -

kiwi33

fe1fml wrote: »

OH FABULOUS!!!
So the only somewhat decent examiner in the FE1s who guarantees two bankable questions now likes to mix things up!! GREAT!!! Hopefully it wasn't a warning shot last time that from now one only bank on one because if so I'm royally screwed!!! Well even more so than I am right now

they will be both on succession act. comorientes is mentioned in the succession act at section 5. the only reason joint tenants was mentioned was to see how the property would be distributed under the succession act and some case law. You didnt have to go into joint tenancy.

clocks

fe1fml wrote: »

Cheers!!
Anyone know how the succession questions came up last time around?

There were two:
*An essay on extrinsic evidence in the construction of wills
*Problem question on the rights of co-owners

Apparently there are two every year. As far as I can see, there are several different topics:

1. Admission of extrinsic evidence
2. Formalities of wills
3. Legal Right Share, Spouse's Right to Appropriate Dwelling etc.
4. s117 application on Children's provision

The first lends itself to an essay but the others tend to come up as problem questions.

Some notes:

Requirements for a valid will Section 77
Capacity Aged 18 or more, if under 18 married Sound Disposing Mind – Banks –v- Goodfellow Section 78 Formal Requirements In writing Signed by testator / testatrix Attested/witnessed by 2 or more persons
Restrictions on testamentary freedom Section 111
Legal Right Share Spouse and no children Spouse 50% Spouse and children Spouse 33.3%
Section 56 Right to Appropriate the Dwelling Home
Section 117 Right of Child to bring application in relation to proper provision

Section 90 – Extrinsic Evidence Julian / Rowe / Collins The points you need to consider from the exam perspective are as follows: 1. the extent to which admissible when interpreting a will 2. Common law position only allowed in mistake, ambiguity or contradiction on face of will – that is solid and known as a certainty 3. These cases are where we seek to admit when none of the above are present , but we know that it is not the intention of the testator i.e. the terms of the will and the intention of the testator are different 4. Re Julian – court held common law position not allow even when we know the intention was different 5. Attempt in section 90 to broaden basis as to when extrinsic evidence will be admitted and test in Rowe –v- Law where the majority of the Supreme Court held that section 90 does not change common law and under section 90 evidence will have to satisfy a double requirement before it will be admitted: (i) Evidence went to intention – relevance requirement (ii) Ambiguity / contradiction on the face of the will If discussing in detail you should be able to look at the difference in the reasoning of the majority. The majority said section 90 doesn’t clearly expand the cases in which extrinsic evidence will be admitted so reading it in the context of the whole act we shouldn’t expand basis either. There are five requirements for a valid will and if clear and unambiguous why do behind it?

The dissenting minority was the Chief Justice who said section 90 intended to operate in cases where there would e injustice even if the five formal requirements were complied with. This was a difference in interpretation:
Majority - give effect to intention as expressed in will Minority- give effect to intention as we know that intention to have been 6. Collins and Crawford cases agreed with the majority in Rowe –v- Law and the 2 step test

EthanSS

Does anybody have an Association de Belgea case note the wouldn't minding sending on to me?

I have case notes for: Van Gend, Zambrano, Pringle and Zhu and Chen for exchange.

Thanks.

lawgal

Kcookies2015 wrote: »

2 q on succession

Q on finding PQ

Adverse possession

Easements

Family property element of cohabitants act

Co ownership - severance, joint tenancy & tenancy in common

What do you mean by family element cohabitants act? Just talking about cohabitants? What about the new marriage act?

lawgal

Also regards easements what are people focusing on? The characteristics and what else?

kiwi33

EthanSS wrote: »

Does anybody have an Association de Belgea case note the wouldn't minding sending on to me?

I have case notes for: Van Gend, Zambrano, Pringle and Zhu and Chen for exchange.

Thanks.

I dont have anything to exchange but what are the chances of me getting them? do you need anything for property I have property notes?

Kcookies2015

lawgal wrote: »

What do you mean by family element cohabitants act? Just talking about cohabitants? What about the new marriage act?

Meaning the requirement for prior written consent of non owning spouse under s 28(1) of cohabitants act 2010 in order for other spouse or civil partner to convey any interest in the family home. New marriage act is a married couple I presume regardless of gender

Kcookies2015

lawgal wrote: »

Also regards easements what are people focusing on? The characteristics and what else?

Right of way maybe?

Kcookies2015

EthanSS wrote: »

Does anybody have an Association de Belgea case note the wouldn't minding sending on to me?

I have case notes for: Van Gend, Zambrano, Pringle and Zhu and Chen for exchange.

Thanks.

I have I'll send it now & if I could have Zambrano please

ladadidadi234

quick question - am i crazy to be going into property without succession act? i ordered it about 10 days ago and it never showed up - rang and they said that it had been dispatched. kinda scared

Kcookies2015

ladadidadi234 wrote: »

quick question - am i crazy to be going into property without succession act? i ordered it about 10 days ago and it never showed up - rang and they said that it had been dispatched. kinda scared

I didn't have it last sitting and passed sometimes they're more of a nuisance than anything.

corkres1989

I actually took down my dilemma in case an examiner sees it but I'm glad you saw it as you do need to put the exam question numbers at the front ESP with property as she's notoriously into structure and neatness etc....btw I wrote the wrong question number in the booklet too....I'm just so tired heads all over the place!!!

corkres1989

oraghabd wrote: »

Ah here, didn't need to hear that.

Stupidly chose to do an essay Q for last question and only realised half way through that I had way more to write for the PQ I skipped.

Also, in an a&b question, are each worth the same? Think it was Q5 or 6 which there was way more to write on a I felt

Timing was a major issue for me found myself spending 47 minutes on question 2 as I wasn't quite sure so just wrote all I knew for illegal contracts for the first part! and yes they are both worth the same!

anosullivan

Does anyone know of predictions from one of the intensive courses?

I've done succession,
AP
Finding
Family property
Easements
Licences
Co ownership

Should I do landlord and tenant to be safe 🙈

Rebelgirl87

ladadidadi234 wrote: »

quick question - am i crazy to be going into property without succession act? i ordered it about 10 days ago and it never showed up - rang and they said that it had been dispatched. kinda scared

I am going in without it. Sometimes you are better off without it. Just remember if you can the main sections eg. Section 90 of the 2009 Act

Snakeydoogey

Sorry to go off topic guys but does anyone fancy giving a quick run down of the questions on today's contract paper? Thanks

corkres1989

can anyone please explain the rules regarding establishing an easement ie the time frames. the civil law miscellaneous provisions act has me so confused and I can read the lecturers handwriting on my exam question I did!

nope nope nope

I have about 15 of the griffith sample case notes if anyone's looking for them for eu, missing the 5 newest though but pm me on your email and I can send them on, they're not too long!

Kcookies2015

corkres1989 wrote: »

can anyone please explain the rules regarding establishing an easement ie the time frames. the civil law miscellaneous provisions act has me so confused and I can read the lecturers handwriting on my exam question I did!

Section 35 LCLRA easement can be acquired by prescription only after registration by court.

Relevant user period is user as user without interruption for 12 years, 30 years of the servient owner is a state authority or 60 years if the land is foreshore.
Section 39 2009. Provides the extinguishment of easements after 12 years continuous non user

corkres1989

Kcookies2015 wrote: »

Section 35 LCLRA easement can be acquired by prescription only after registration by court.

Relevant user period is user as user without interruption for 12 years, 30 years of the servient owner is a state authority or 60 years if the land is foreshore.
Section 39 2009. Provides the extinguishment of easements after 12 years continuous non user

thank you so much! also what's this 2011 civil law act do ie "placing in cold storage? "

Figsy32

corkres1989 wrote: »

thank you so much! also what's this 2011 civil law act do ie "placing in cold storage? "

Am I right in thinking the 2011 act postpones the 2009 act so that it's still the old law that's in place? But you need to know both? I could be reading it wrong though cause it's my last exam and I'm exhausted!

Kcookies2015

makemecrazy wrote: »

For treasure trove and findings can anyone please advise me like last year, if John finds a bracelet in a mine who gets it?

If its directly under the line of John and Pats land, in a mine would John or Pat get it or is it the states?

It was in line with elwes v Briggs as found in the land then mention waverly borough v fletcher and Webb v Ireland . Then discuss finding by trespasser Parker v British airways & Hannah v peel. Owner of land only has superior claim if he has manifested an intention to control all articles found on his land.
As in elwes v Briggs the current landowner has superior claim over trespasser. It's not an archaeological item and of historical interest so the state can't claim? Could be wrong