133 / 142
MARCH, 1930]
The Gazette ol the Incorporated Law Society of Ireland.
41
is chargeable with
the Revenue Stamp
Duty
prescribed
in
Part
II.
of
the
Stamp Act, 1891, for a copy or extract
(attested or in any manner authenticated) of
or
from any Public Register, and
the
Attorney-General having stated that in his
opinion certified copies of
folios of
the
Registers are chargeable with this Duty, the
Registrar has directed that on and from
1st March no certified copy of, or extract
from, a folio of the Registers is to be issued
unless the Revenue Duty of one shilling is
paid
thereon.
It will be necessary
for
Solicitors to forward with their bespeaks, in
addition
to
the ordinary scrivenery fees
payable, a postal order for one shilling to
cover this duty stamp.
MEMORANDUM
issued from the Land Registry, Central Office,
Dublin, on the proof necessary to show the
persons beneficially entitled to the assets
of an intestate owner.
The attention of Solicitors is drawn to the
fact that the statements made by admin
istrators
in affidavits, assents and other
documents, in proof that persons named are
the persons beneficially entitled to the assets
of an intestate, are nearly always defective.
It arises from the failure to distinguish
between statements of law and statements of
fact. The statement commonly made is that
A died intestate, leaving B. C, and D, his
children
and
" only
next-of-kin
him
surviving." This statement is always wrong.
It is a statement that B, C, and D are the
only next-of-kin, which is a statement of law
and proves nothing ;
it does not prove the
essential fact that B, C, and D, were the
only children. What should be stated is
that "A died intestate and a widower, and
his only children are B, C, and D." This
is a statement of fact which shows that
B, C, and D are the persons entitled under
the Statute of Distributions.
Solicitors will
prevent delay in registration and save them
selves expense and annoyance if they will
omit from every assent, deed, or other
document, by an administrator, all state
ments or recitals to the effect that the persons
named in it are " the next-of-kin," or " the
only next-of-kin," or " the only next-of-kin
surviving " of the intestate, and draw the
document so that the statements in it will
be statements of fact only. Give the names
of all the relatives of the class entitled:
account for them, if any are dead, or have
been paid, or have released their claims;
and state the facts which show that there are
no nearer relatives,.
For instance :
if the
claimants are children, state the death of the
intestate's wife ;
give the names of all the
children;
state that they were the only
children;
if
a
child
pre-deceased
the
intestate, state whether he or she was
married, and, if married, the children of the
marriage ;
if a child died after the intestate,
state whether he or she died testate, or
intestate, and if testate, refer to the will.
If the claimants are brothers and sisters,
state whether the intestate was married or a
bachelor, and, if married, that he had no
children and that his wife pre-deceased him ;
state the death of his parents ;
give the
names of
all
the brothers and sisters,
including those of the half-blood (if any) ;
state that they were the only brothers and
sisters ;
if a brother or sister pre-deceased
the intestate, state whether he or she was
married, and, if married, the children of the
marriage ;
if a brother or sister died after
the intestate, state whether he or she died
testate or intestate, and if testate, refer to
the will.
If all the facts necessary to show
the persons who became beneficially entitled
to the assets on the death of the intestate
are stated by the administrator, no other
evidence is necessary, except in the case
specified in Order IV., Rule 4 (5), (6). The
administrator is personally responsible for
the truth of the facts he states.
THE SOCIETY'S CALENDAR.
The Calendar and Law Directory of the
Society for 1930 can be obtained at the
Society's Office, 45 Kildare Street, Dublin,
price five shillings ;
by post, five shillings
and sixpence.
EASTER AND TRINITY SITTINGS
LECTURES.
Senior Lectures will begin on Tuesday,
29th April.
Junior Lectures will begin on Wednesday,
30th April.
____^=^^_==^
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of t^e Society,
45 Kildare Street, Dublin, C.17.