Posts by colm
Registration of Personal Representatives in the Land Registry – Part 2
We had looked in previous blogs over the last number of weeks issues regarding trusts for land and the operation of the Land and Conveyancing Law Reform Act 2009 and Land Registry practice. The conclusion from our previous blogs was that it is possible to have a personal representative registered as the owner of the…
Read MoreWills, Trustees and Property
One often is questioned by clients as to how many trustess should you appoint in a will. This is generally a matter of personal choice. However, it is generally recognised that if there are too many trustees then the trust can become unmanageable and if there are too few then issues of oversight of a…
Read MoreRegistration of Personal Representatives in the Land Registry – Part 1 – Trusts for Minors
Last week we looked at the issue of dealing with life interests. In that note, we reminded practitioners of the “new” provisions of the Land and Conveyancing Law Reform Act 2009. We set these out and some other relevant rules for today’s blog, namely and in particular the following rules:- Section 11 – The only…
Read MoreRegistration in the Land Registry of the remainderman on death of life tenant
The law relating to settlements and trusts for land was altered radically by the Land and Conveyancing Law Reform Act 2009. This note will principally deal with registered land. Prior to the 2009 Act life tenants were registered as limited owners. Under s. 11 of the 2009 Act the only estates that now can be…
Read MoreDisclaiming Spouse and Probate Practice
This is just a short note on probate practice that I came across recently. We acted in an estate where the husband left everything to the spouse. In the event that the spouse pre-deceased then the estate went various ways to a range of children. All very normal. The surviving spouse is elderly and is…
Read MoreChallenges with the new EPA system
Little did we realise what world lay before us, when we were reading the 2015 Capacity Act and looking forward to a fresh and modernised capacity regime. Today’s blog is about some of the features of the new EPA system that practitioners are facing and how to deal with them. The reality of s. 60(4)…
Read MoreIrish CAT and inheritances from US-domiciled individuals
The normal rule for prior gifts/inheritances is that if the gift/inheritance is “taxable” in Ireland, then it aggregates as long as it is made after 5 December 1991. So it must be a “taxable” gift/inheritance. We blogged previously that for a gift or an inheritance to be taxable in Ireland, there is an important date…
Read MoreStage Payments of Outstanding CAT
Beneficiaries don’t often enjoy having to pay CAT. However, in many cases, the are funds in the estate to meet the liability. What are the options open to beneficiaries if they are not in funds? Where there are no funds available then in accordance with the re-launched CAT guide “Collection and Enforcement Guidelines” (a link…
Read MoreTransfer of Dwellinghouse or Site
I wanted to share a recent case with you related to issues on transferring a site which also comes up from time to time in queries to theprobatehub.ie. I have a recent example of where parents are transferring a site to a child but an informal transfer happened many years ago. So in this case…
Read MoreHistoric Tax Queries and Revenue Clearance
To obtain income tax clearance for a deceased one must use the new Revenue Clearance procedure, which involves completing a due diligence questionnaire. This was something that I mentioned in the Solicitors Growth presentation that I conducted recently. (As an aside, if you are not part of Solicitors Growth, I would highly recommend; check them…
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