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… The post Further Application Forms for Probate appeared first on The Probate Hub by Colm Kelly Solicitors ..read more

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… The post New Solicitor form for Probate appeared first on The Probate Hub by Healy Crowley Ahern Solicitors ..read more

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… The post The SA.2 and beneficial ownership appeared first on The Probate Hub by Healy Crowley Ahern Solicitors ..read more

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… The post Valuation Date – Changes and Reflections appeared first on The Probate Hub by Healy Crowley Ahern Solicitors ..read more

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… The post Reform of Inheritance Tax – Pros and Cons appeared first on The Probate Hub by Healy Crowley Ahern Solicitors ..read more

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 sum of €5000 from my AIB account” or “I GIVE DEVISE AND BEQUEATH €5000 from my Ryanair Shares”. One will generally steer clients away from leaving specific assets to beneficiaries. For example, rather than saying “I give my 2008 Tiguan to my daughter Mary”, it is genera ..read more

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 take into account all of the views of the beneficiaries. What happens if there is a dispute amongst the beneficiaries? Then in that case personal representative need only take into account the view of the majority. This provision is particularly useful ..read more

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 from University days the case of Central London Property Trust Ltd v High Trees House Ltd [1947] KB 130 where the concept of promissory estoppel was established. You might also recall the phrase that we learnt at Uni/FE 1 studies and contract that promissory estoppel was “a shield ..read more

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 drop down to grandchildren. All very reasonable. It should also be worthwhile pointing out to clients the relief is known as “Minor Child of a Child relief”. You may or may not be aware but Schedule 2 of the Capital Acquisitions Tax Consolidation Act 2023 is the part of the ..read more

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 cases it can be that the beneficiary focuses on the expenses rather than the inheritances. This is particularly so where the beneficiary does not have the funds available to pay the expenses and the other payment obligations. Tax Consequences of Obligations to Pay However, there is one solace to a beneficiary w ..read more