Archive for November 2023
Deducting Title and Pre-59 Deaths
Many practitioners find administering pre 59 deaths a challenge and rightly so, because locating the rules can be cumbersome , these cases come up infrequently and textbook commentary on this area sometimes just doesn’t seem to nail the issue. This issue can arise in particular if you deducting title in a chain of title, (whether…
Read MoreSevering Joint Tenancies
It can often be the case that a residue clause whether on purpose or inadvertently will have the consequence that the residue is left jointly between beneficiaries rather than as tenants in common. This will occur principally where there are no words of severance in the residue clause. Words of severance being words like “as…
Read MoreIncome Tax Clearance in Estates – Part 3
In previous emails, we looked at the steps to follow as part of income tax clearance. We had got to the stage where the solicitor/accountant was in a position to make an application to Revenue for clearance. This was done by pulling together an income profile for your client. For reasons of space, we could…
Read MoreEstate Income Tax Clearance – Part 2
This is a short note to help those solicitors who may be running the income tax clearance procedure themselves inhouse rather than outsourcing it to an external accountant. These are some of the general steps to take and timings around these. There is no hard and fast rule and each case will depend on its…
Read MoreManaging Income Tax Clearance – Part 1
In the view of the author of this blog series certainly the most significant change to probate practice over the last number of years has been the introduction by the Revenue of the new income tax clearance procedure for estates. We are going to look at a number of aspects of this over a series…
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