The Gazette 1993

GAZETTE

I M N A GEMN JUNE 1993

particularly sensitive in handling wardship matters. A practical alternative to wardship would be an enduring power of attorney which is a power of attorney that, subject to conditions and safeguards, continues in force after the donor of the power becomes mentally incapable of handling his/her affairs. In 1989, The Law Reform Commission recommended that a system of enduring power of attorney should be introduced in Ireland and hopefully, the new Government will act on this recommendation shortly. *John Costello, Solicitor, practises in the firm of Eugene F. Collins, in Dublin. •

On the other hand, there is no reason why the person entitled to a Grant of Representation should wait until the wardship matter is dismissed, before taking steps to obtain a grant. The personal representative of a ward should not intermeddle with the estate without the leave of the court, until the wardship matter is dismissed. Funds can be released by the Wards of Court Office without a Grant of Representation where the ward's total assets do not exceed £5,000 (Since 1989) - 0 . 67 - R.92. The Committee's authority to act on behalf of the ward is terminated by the ward's death. The executor or other person entitled to prove the ward's will, can bespeak a copy of the original will in the Probate Office, which can be referred to as an exhibit in the Oath of Executor or Oath of Administrator. On receipt of the statement of facts, the Registrar will meet with the solicitor acting for the committee and make arrangements to discharge the outstanding liabilities of the estate. The liabilities will either be discharged by the Registrar, or by the ward's personal representative, where the personal representative gives an undertaking to discharge such liabilities and to furnish an account at the end of the administration. The Registrar will then direct that the remaining funds held by the Wards of Court Office will be released to the ward's estate in the normal way. Each case involving wardship is dealt with by the Wards of Court Office on an individual basis and the above procedures may vary from case to case. The officials in the Ward of Court Office are extremely helpful in discussing any practical problems which may arise. Wardship proceedings can be stressful for both the next of kin and their solicitor and the Wards of Court Office is Conclusion

house is usually sold because of the difficulty in insuring unoccupied property and the likelihood of a depreciation in its value. Agricultural land or premises already rented are usually retained and let by the committee subject to the court's approval. If there is a sale the Registrar will instruct his own valuer to prepare an independent valuation of the property. The property will then normally be advertised and sold by public auction but can be sold privately. The Registrar will indicate a reserve price, below which, the property cannot be sold. This reserve price will be placed in a sealed envelope and only opened by the auctioneer at the time of the auction. If the reserve is not reached the highest bid is submitted to the court for approval. There are a number of special conditions which must be inserted in the contract for sale - Appendix K - Form 17. Under section 89 of the Act, any documents executed by the committee are as valid as if the ward had been of sound mind and executed such documents himself. The Wards of Court Office should be notified promptly of the death of the ward. Where the will is in court, it is immediately transferred to the Probate Office. The Accountant of the Courts of Justice is directed to suspend all periodic payments from the funds in court. The committee's authority to act on behalf of the ward is terminated by the ward's death. The committee lodges with the Registrar, a statement of facts to lead to the dismissal of the wardship (Order 67 Rule 89). The names and addresses of the next of kin of the ward should be given in the statement of facts. The statement of facts should also contain particulars of the funds held by the Wards of Court Office, together with all outstanding liabilities. In cases in which a Grant of Representation has to be obtained, there is ordinarily no need for the committee to wait until it is obtained before lodging a statement of facts. Dismissal Proceedings in Wardship Matters

I R I S H D O C U M E N T

E X C H A N G E

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