Probate

Section 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…

Appropriation 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…

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…

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…

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…

Debts due to the deceased as assets of an estate

Sometimes it is not appreciated that monies due to a deceased before they die continue to remain assets after death. We come across this from…

Assent by Personal Representative of Unregistered Title

We have looked at various property elements of probate practice over the past number of weeks and today is no different. It relates to assents…

The Conveyance by a Personal Representative of Unregistered Title

Much is made of the vaulted power of sale of a per rep and this is contained in section 50 of the Succession Act, 1965….

Registration 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…

Historic 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…