The Gazette 1993

GAZETTE

I M N A GEM N JUNE 1993

building society accounts to the Accountant's Office must be collected from the Accountant's Office. A privity is then sent to each financial institution with a copy of the Order appointing the committee. The financial institution then transfers the balance of the ward's account to the Chancery Department of the Bank of Ireland in 2, College Green, Dublin 2. The Accountant's Office will then get control of the funds and invest them as directed by the Wards of Court Office. Subsequently, the committee must apply to court from time to time for authority to do all things on behalf of the ward, including the taking or defending of legal proceedings, leaving the jurisdiction or having a general anaesthetic. It is not possible to purchase property for a ward other than for providing accommodation for the ward and his family. The committee is not entitled to any remuneration as of right, but is usually allowed an annual fee. Some wards receive payments in respect of personal injuries which are exempt from income tax (S5 Finance Act, 1990). The committee must lodge all receipts from these payments or any retention tax recovered in court or apply them as directed by the Registrar. 0.67 - R.87 provides that a person holding a ward's will may be directed by the Registrar to lodge it in the Wards of Court Office. The judge may order the will to be lodged in the court if the Registrar's direction is not complied with. If the original will is to be lodged in the Wards of Court Office, then the committee must swear an affidavit, attaching the original will in a sealed envelope, confirming that the will is in the same plight and condition as when it was handed to the committee by the ward's solicitor. Lodging of Will

signature. Based on the order submitted to him, the Judge will normally make a order, inter alia: (a) appointing a committee of the person and of the estate of the ward, lodge the proceeds of all bank accounts, building society accounts etc. to the Accountant's Office in the Four Courts, (c) directing the committee to open a separate bank account in the committee's name and to lodge all income of the ward, or any sums received on behalf of the ward, to that account. However, a bank account is not required where the ward has no income or, where, for example, the ward's only income is a State pension paid directly to a nursing home where the ward resides, (d) directing the original will, if any, of the ward is to be lodged for safekeeping in the Wards of Court Office, (e) that the costs of the petitioner and of the committee in the proceedings are to be paid as measured by the Registrar or the Taxing Master, that appropriate funds be made available for the ward's maintenance and benefit. (g) that the committee enter into a bond with an insurance (f) (b) directing the committee to

committee normally submits a bill of costs to the Registrar for all work done on behalf of the committee and petitioner. The Registrar will try to agree the costs with the solicitor, based on the facts of the case and the work involved. The legal costs allowed may be £750 or more, depending on the particular case. In default of agreement on costs, the Taxing Master will determine the amount of the costs. When the Accountant's Office has received in all the assets of the ward, the Registrar will invest these assets in Trustee Authorised Investments. Existing stocks and shares of the ward may be kept but, normally they will be reinvested as directed by the Registrar. The committee of the estate, at least once a year, must account for all assets received on behalf of the committee. For example, he may be authorised to receive income or rent on behalf of the ward. At the time of such accounting, the committee lodges the bank pass book or a copy of the bank statements with the Registrar. In relation to income tax, the wards of Court Office employ an accountant who can in certain circumstances, handle the Ward's tax affairs if needed. A full time official in the Wards of Court Office monitors the tax position of each ward and arranges for tax returns and payments to be made to the Revenue Commissioners when required. Any income tax liability required to be discharged by the ward will be paid by the Registrar or the Registrar may direct the committee to pay the tax due. Management of Ward's Property

company as surety for twice the annual income of the ward, to cover the event of the committee failing to account to the registrar for all monies received on behalf of the ward. No bond is required where the committee is not in receipt of any income.

Sales of Property by the Committee

After Committee is Appointed

Sales of property by the committee are only authorised by the court where the circumstances are covered by S.63 of 1871 Act. A dwelling-

Costs of Petitioner/Committee

Forms of privity i.e. transfer forms to arrange the transfer of the funds in the ward's bank accounts or

The solicitor acting for the

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