Posts by colm

Names of the Deceased

It is often the case that the name on a death certificate will differ from the name on a will. Spotting this difference is a small but important part of the overall probate process. It can be a reason for rejection of your papers. You must identify the deceased correctly in the oath. The rule…

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New Charitable Bequest Form Procedure

Just when everything was going electric, now we are back to paper. So it seems with the Charities Regulator and the charitable bequest form. Where you have a charitable bequest in a will, you must notify the Charities Regulator. The form of notice to the Charities Regulator was also notified to the Probate Office at…

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Social Welfare Clearance in Estates

An important part of the clearance steps in an estate is ensuring that one obtains on file a letter from the Department of Social Protection confirming that the Department has no claim on an estate. This blog is a helpful refresher for solicitors on this point or a good entry point for junior solicitors or…

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Income Tax Clearance – Update

We would have previously blogged on this site about the income tax clearance procedure and the steps to take to deal with this. How to deal with the procedure is set out in the Revenue manual, a link to which is set out below. What is not mentioned on the manual and to the frustration…

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Power of Attorney Grants – Tips and Thoughts

All probate solicitors would be aware of Order 79 Rule 23 of the Rules of the Superior Courts. In case you need a refresh, it is as follows 23. In the case of a person residing out of, or about to leave the jurisdiction of the Court, or who, in the opinion of the Court…

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Abatement Rules for Solvent Estates

One often comes across situations where where the residue is not sufficient to pay all of the estate expenses but the remaining assets are sufficient to pay the estate expenses. If this arises then, the estate is still solvent, and dealing with estate expenses in these cases are to follow set rules. Those rules are…

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Maps attached to Wills and the Surviving Spouse

Practitioners may be aware that where there is a map attached to a will, there is a particular procedure to deal with that. For more information check out the article on this issue in our previous blog (see the link below). There is one modification to this. That is where the entire estate or where…

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Points on Dwellinghouse Relief

With rising income and wealth in Ireland and the fact that families tend to be smaller than historically, the parent-to-child Class A threshold can easily be used up. Dwellinghouse relief is an important relief in that context if all the criteria can be met. To meet the relief on an inheritance the following are the…

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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…

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Severing 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…

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