The Gazette 1990

GAZETTE

' APRIL

1990

Property Valuations

Specialized Service includes:

Inspections-Reports-Expert witness

Loughnane Valuation Services

M.IA.V.I.

B.Agr.Sc

4 Carysfort Avenue, Blackrock,

Co. Dublin.

Tel: (01) 882588. Fax: (01) 832780

PRACT I CE NOTES

(contd. f r om p.63)

This problem dates back to the

30th May, 1985 and strong repre-

sentations will be made to the

Government and the Revenue

Commissioners for amending legis-

lation back-dated to the 30th May,

1985. In the meantime, solicitors

should take account of the dangers

in all future Wills and policies.

With regard to past Wills and

Policies,

solicitors should rectify the

position by correcting the

Wills

case the representations do not

bear fruit.

•

T H E J U D I C I AL S E P ARA T I ON

A N D FAMI LY LAW R E F ORM

ACT, 1989

The Sections of this Act which

appear to affect the Conveyancer

are contained in Sections 15, 16,

17, 18, 19, 20, 22 and especially

29.

By virtue of Section 29 of the

above Act which came into opera-

tion on 19th October last, the Court

may review any transaction effect-

ed by a spouse with the intent of

decreasing the amount of assets

available to the other spouse on an

Application under the Act. Under

this provision a Conveyance or

Transfer of property could be set

aside. The Act provides, however,

that no such Order would be made

in respect of a disposition to a

bona

fide

purchaser for Valuable Con-

sideration without Notice. It is well

established that to be a

bona fide

purchaser without Notice enquiries

should be made. The Conveyancing

Committee are presently consider-

ing the extent of enquiries required

and it is hoped to issue detailed re-

commendations at an early date.

As an interim measure it is recom-

mended that the following ad-

ditional requisitions be raised on all

purchases.

"Have any orders been made (or

are any proceedings threatened or

pending) under the Judicial Separa-

tion and Family Law Reform Act

1989 affecting the property for sale

or does this sale constitute a

disposal for the purposes of

defeating a claim for financial relief

under section 29 of the Act."

The Standard Form of Family

Home Protection Act Declaration or

Certificate should contain an aver-

ment in the following words "The

property is not subject to any

application or order under the

Judicial Separation and Family Law

Reform Act, 1989 and is not a

disposal for the purposes of

defeating a claim for financial relief

under S.29 of the Ac t ".

P R E S E N T A T I ON OF P A R C H M E N T S, 22 FEBRUARY, 1960, S O L I C I T ORS L IBRARY, F OUR C O U R T S .

(Left to right): J ames O'Connor, Gary McMahon, J ohn Fish, J ohn J . Nash (deceased), Barry O'Connell,

Donal Stuart, Paddy Madigan.

In the Jan/Feb 1990 Gazette, Mr. Thomas F. O'Connell (otherwise known as Barry O'Connell) was described

incorrectly in the above photograph as being Mr. Barry O'Reilly, deceased. The Gazette apologises for the

above error and any inconvenience caused.