Posts by colm
Further Application Forms for Probate
Following on from last week’s blog related to the new application form for Probate, this is just a short note to let practitioners know that the probate office has also now launched a similar set of application forms that must be used in probate for other cases namely Intestacy Will Annexed De Bonis Non These…
Read MoreNew Solicitor form for Probate
This is just a quick note to say that the probate office have launched a new Notice of Application form, called “Probate Application Form – Executor Applying”. Some of the information on the existing Notice of Application must be in the new form, to include name of deceased and date of death. The new application…
Read MoreThe SA.2 and beneficial ownership
This is a quick reminder that the SA.2 should reflect the beneficial ownership position and just because an asset is in the name of another person that does not alter the SA.2 position. It can often be the case that property has remained in the name of a grandparent or other relation but has passed…
Read MoreValuation Date – Changes and Reflections
Clarifications – eBrief 207/24 Revenue have issued a recent ebrief to clarify certain matters on the valuation date. This is set out in brief 207/24. That ebrief sets out the Valuation Date manual which is useful to read and is attached in a link below. Revenue in the ebrief have clarified two points:- First relates…
Read MoreReform of Inheritance Tax – Pros and Cons
It’s rare that something that is part of your day job becomes the raging topic of national debate and features regularly on the Joe Duffy show! This is, however, where we are at with respect to reform of inheritance tax. Rather than setting out my own views on the matter, I would like to summarise…
Read MoreDemonstrative Legacies and Ademption
Just a short note on the operation of demonstrative legacies. Demonstrative legacies should on balance be avoided in will drafting if possible. However, one must be guided by your client’s wishes. A demonstrative legacy is one where the testator leaves a sum from a specific asset. So for example, “I GIVE DEVISE AND BEQUEATH the…
Read MorePower of Sale and Beneficiaries
Every probate solicitor knows that a personal representative has a power of sale. This is contained in s. 50 of the Succession Act 1965. However, the right is not a unfettered right. Before selling, the personal representative must consult the beneficiaries of that property. If there are a range of beneficiaries the personal representative must…
Read MoreReflections on Proprietary Estoppel Claims
You will come across in practice situations where proprietary estoppel will be mentioned or raised by a client. They obviously won’t use the phrase but they will know it when they see it. These cases arise where there is the “classic formulation” of promise and reliance to one’s detriment. I’m not sure if you recall…
Read MoreMinor Child of a Deceased Child Relief
When talking to clients, I always mention the question of gift over. That is catering for a beneficiary pre-deceasing the testator. In the situation of advising clients who have both children and grandchildren, the common option adopted by clients is that in the event of a child pre-deceasing that they wish for the asset to…
Read MoreArriving at the Taxable Value
From time to time one comes across the following provision in a will I GIVE DEVISE AND BEQUEATH my house at 34 Oakland Mews to my daughter Sarah subject to the payment of my funeral and testamentary expenses and subject to the payment to my son Sean of the sum of €40,000. Often in these…
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