Posts by colm
Amendments to the Income Tax Clearance Procedure in estates
Revenue have published a new ebrief. It is brief 146/24 of 23 May 2024 which has set out some additional information with respect to the steps to take in relation to income tax clearance in death cases. I attach a link below to the revised manual. They are relatively minor and reminders really of issues…
Read MorePost-Death Variations and the SA.2
A question sometimes arises: if there has been a post-death variation, does that impact what goes into the SA.2? Some reflections on this question. Analysis Firstly, the SA.2 should reflect the date of death position. So (but see comments below) regardless of what happens after death, the date of death snapshot must be reflected in…
Read MoreReflections on S. 115 and Election
Just a reminder on the key elements of s. 115 of the Succession Act. It applies where a bequest is made to a spouse but that bequest is not stated to be in addition to the spouse’s legal right share. In that case, the spouse must elect to take the bequest or their legal right…
Read MoreSection 55 of the Succession Act – Part 2 – Observations
Last week we looked at section 55 of the Succession Act and some of its core elements. We also set out some of the limitations of section 55 and set out some of the reasons as to why the section doesn’t regularly come across your desk. Having said that, we set out here some of…
Read MoreAppropriation of Assets by the Executor and Section 55 of the Succession Act 1965 – Part 1
As sections go in the Succession Act 1965 s. 55 is rather lengthy and on first blush appears to be of great significance. The reality is that is rarely features in practice. Why is this? Rather than looking at why it does or doesn’t come up in practice, today’s blog and next week’s blog will…
Read MoreDeed of Family Arrangement versus Deed of Disclaimer versus s. 55 Appropriation
Introduction Oftentimes when dealing with estates it is necessary or desirable to alter the bequests made in a will or the benefits that arise on intestacy. The methods of doing these tend to be deeds of family arrangement or deeds of disclaimer. However, at times some practitioners can blur the lines between the two or…
Read MoreE-Probate is coming
The latest update from the Principal Probate Register Anne Heenan is that e-probate will be part of probate practice over the coming years. What is e-probate? It is unclear what e-probate will be, but it appears that it will be a method by which the majority of forms that we use for probate will be…
Read MoreChanges to the Fair Deal Scheme
Just a quick reminder to some of key changes to the fair deal scheme which have come into effect over the last number of years Care Representative With the advent of the Assisted Decision-Making (Capacity) Act 2015, the ability to appoint a care representative has been removed and now replaced with a DMR under the…
Read MoreVoluntary Transfers and Non-Residents
Overview A question arises about liability to capital gains tax for solicitors when they are assisting non-resident beneficiaries with respect to voluntary transfers of land. We might be familiar with S 45AA of the Capital Acquisitions Tax Consolidation Act 2003 (CATCA). Essentially this is the section that imposes secondary liability for CAT for solicitors who…
Read MoreTitle on Renunciations and Other Forms
Just a quick note to say that if you are submitting renunciations or powers of attorney with your oaths, its important that you replicate the title on these forms just as much as in the oath. Otherwise, your application will be queried. There is no clear indication that this is the position, because the main…
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