Posts by colm

Wills and Wardship

When a person is placed in wardship the Wards of Courts office will require the original will to be lodged with them. You may be aware of this, but what you might not have dealt with, is administering the estate of the Ward when the Ward dies. In these cases you cannot simply look for…

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Launch of New Solicitor Query Service

Today is something a bit different as I launch out a new service for solicitors. Find out more in this short vidoe. Also there is a link at the bottom of the blog. Enjoy! Check it out here https://theprobatehub.ie/solicitor-query/

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Cohabitation Criteria

Background to the Law The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (the “2010 Act”) introduced a redress scheme for co-habitants. If cohabitants have been living together for 2 years (if they had children) or five years (if they did not have children) a dependent cohabitant can seek redress from the…

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Consequences of will Revocation

There was a recent interesting case in the High Court concerning revocation. The conclusion of the case may be a surprise or a concern. The case is that of In the Matter of the Estate of John Coughlan Deceased [2022] IEHC 604, a judgment of Ms Butler of the 3rd of November 2022. Mr Coughlan…

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New CGT Clearance for Non-Residents

In previous blogs, I talked about the secondary liability of solicitors in relation to capital gains tax liabilities when property in Ireland is sold by non-resident owners. That article is linked below at the bottom of this blog. Essentially, solicitors are potentially liable for the capital gains tax of non-resident clients when selling property in…

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Getting bogged down in Queries

I was somewhat disappointed to see an article appear in the Irish Times on Tuesday the 25th of October 2022 which talked about delays in the probate office and in particular the Principal Probate Office in Dublin. Everyone has anecdotal evidence about the respective turnaround in the Probate Office or their local registries. I did…

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Changes to the Probate Office

It first came to my attention that John Glennon was appointed as the Principal Probate Officer was when I was making enquiries regarding probate processes with a colleague of mine in Dublin. During that email exchange my colleague said to me “no better man than John Glennon to get it right”. The “get it right”…

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Title for a Cousin

It is not often that you may have to go out as far as a cousin for an intestate title but it can happen from time to time. The title is A bachelor [or widower etc] without parent, brother or sister, nephew or niece, grandparent, uncle or aunt or great grandparent and that I am…

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New Guidance on Rights of Residence

Revenue by means of ebrief 163/22 of the 1st of September 2022 has issued consolidated guidance on the treatment of rights of residence. Essentially an exclusive right of residence is treated as a life interest. A non-exclusive right of residence is treated differently depending on whether it is accompanied by rights of support and maintenance.…

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Assisted Decision Making – Seanad Amendments

Just a short note to state that the Seanad amendments to be debated at Committee Stage of the Assisted Decision-Making (Capacity) (Amendment) Bill 2022 were published on the 28th of September 2022. There were 80 amendments to the Bill listed for debate at Committee stage. What is surprising is that there were a large number…

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