The Gazette 1981

GAZETTE

JANUARY/FEBRUARY 1981

Interest and Valuation Date O Continued from page 8 Section 41 (3) of the Act provides that interest shall not be payable on tax which is paid within three months of the Valuation Date. This provision, coupled with the Revenue practice of not charging interest in respect of any period during which accounts are in their office for assessment, means that even in cases where the Valuation Date is the date of death, the practitioner has only to ensure that the Inheritance Tax Return is lodged with the Revenue within three months of that date. It should be pointed out, however, that in the majority of cases the Valuation Date will not be the date of death, as provided by Section 21 (2) of the Act. The more usual situation is covered by Section 21 (4), which provides that the Valuation Date of a taxable inheritance, other than a taxable inheritance referred to in Sub-section (2) or (3), shall be the earliest date of the following: (a) the earliest date on which a personal representative or trustee or the successor or any other person is entitled to retain the subject matter of the inheritance for the benefit of the successor or of any person in right of the successor or on his behalf; (b) the date on which the subject matter of the inheri- tance is so retained; or (c) the date of delivery, payment or other satisfaction or discharge of the subject matter of the inheritance to the successor or for his benefit or to or for the benefit of any person in right of the successor or on his behalf.

"Gripe Night" The Dublin Solicitors' Bar Association, during December, held what it termed a "Gripe Night", at which it was hoped that the Council would hear from colleagues about matters and problems which were creating diffi- culties. Despite the fact that from time to time the Association is criticised by solicitors for its apparent failure to communicate with them and to look after their interests, the attendance at this meeting was in the main disappointing. However, for those who did attend, they derived great benefit from discussing the problems and the Council of the Association will certainly do its utmost to take up these problems with the appropriate quarters. Most of the criticism was levelled at the Courts and the failure of judges to issue judgments or, alternatively, as happens in the Lower Courts, to sit on time. This latter complaint relates in particular to Kilmainham District Court and the method of listing cases in that Court was also the subject of severe criticism. It was felt that a system could be evolved whereby certain cases should be listed in the morning and others in the afternoon, thereby avoiding the unnecessary attendance of solicitors. In relation to the Land Registry and the Companies Office, it was apparent that many members have been finding that files are not available for inspection. A suggestion was made by one member present, regarding the problem of having to write in every case to the local authority seeking a letter confirming that the roads, footpaths and services are in charge and that there are no outstanding charges thereon. It was suggested that the local authority should issue a letter or circular confirming what roads are in charge at any particular time and that this could be updated from time to time. This would not, of course, overcome the purchaser's solicitor's liability to ascertain that there are no outstand ing charges, but it would be helpful if such a circular could be issued. A similar suggestion was made in rela tion to searches in the Bankruptcy Office and it was suggested that the Law Society might obtain a list of bankrupts from the Bankruptcy Office and have this available for inspection by the profession. This, however, could have certain statutory difficulties which might be impossible to overcome. The question of legal documentation being drafted by persons other than solicitors was also raised and members expressed disquiet about the practice, which appears to be growing. It was pointed out to the members present that this particular problem is being actively considered by the Company Law Committee of the Law Society. It is hoped to have a further "Gripe Night" during 1981 and the Council would certainly welcome a larger attendance; those who do not wish to attend could furnish in writing details of any particular problems they may wish to have discussed. The Association is more than willing to assist any colleague in difficulties and the Council would certainly hope that all solicitors feel free to approach any member of the Council for assistance at any time.

MAYO BAR ASSOCIATION DINNER DANCE Breaffy House Hotel, 12 December 1980.

Standing (left to right): Patrick O'Connor, Patrick J. McEllin, Patrick I. Shanlcy (President, Mayo Bar Association), Sein Calleary, T.D. (Minister of State, Department of Labour and Department of the Public Service), Michael P. Houlihan. Seated (left to right): Michael Quinlan, Mrs. Moya Quinlan, President of the Incorporated Law Society of Ireland, and Mrs. Ann McEllin.

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