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GAZETTE
JUNE 1994
Carers Allowance and Supplementary
Welfare Allowance, in other words
most non-contributory Social Welfare
payments.
The extension of the personal
representative's liability will in most
cases extend in turn to us as solicitors.
This is because in the majority of cases
the personal representatives will have
relied on the advice of a solicitor. The
solicitor will more than likely find
himself the defendant in a professional
negligence suit if he ignores the new
provisions of the Social Welfare code
in this area.
It is important to note that a statutory
notice to creditors will not protect the
personal representative from a claim
by the Minister for Social Welfare.
Notification
Section 280 (l)(b) provides that the
Minister must within three months of
notification by the personal
representative (probably through his
solicitor) request that sufficient assets
be retained from the estate to repay any
overpayments due.
The practice of the Department is to
issue such a request only where it
appears from the schedule of assets
that a real probability of a claim due by
the estate to the Department of Social
Welfare exists. If the Minister does
not
issue such a request within the three
months then it is safe for a solicitor to
distribute.
Time Limit for Claims by the
Minister against the Estate
Section 280(4) provides that any
proceedings ffiSTthe recovery of the
assistance due from the estate shall be
maintainable against the estate of the
deceased if brought at any time within
two years from the date on which the
notice of intention to distribute the
assets and the schedule of assets are
received by the Minister or within any
other period fixed in any other
enactment, whichever is the longer.
It follows from the above that solicitors
acting for personal representatives will
in future have to ascertain whether a
deceased was, at any time, in receipt of
any Social Welfare Assistance
payments.
The instruction sheet used by solicitors
acting in the administration of an estate
should be amended to ensure that this
point is checked with the personal
representative. It would be a foolish
solicitor who would take it upon
himself/herself to assume that no such
payments had ever been received at
any time in the past and who would
accordingly ignore the obligations
imposed by Section 280.
Raphael King, Solicitor, is a tutor in
wills/probate and administration of
estates in the Law Society's Law
School.
a
F o r t h c o m i ng A I J A E v e n t s
Regional Weekend Cork 1 0 - 1 2 June
Each year AIJA (the International
Association of Young Lawyers)
members in Ireland and the UK hold a
regional weekend, the venue rotating
between England, Scotland and Ireland.
This year it is Ireland's turn to act as
host and, by popular demand of UK
(and many continental) members, the
meeting will take place in Cork on the
weekend of 10/12 June next. The topic
of the seminar (which takes place on
Saturday morning) is:
Money Laundering/Tracing of Funds.
The seminar will focus on a practical
example of a case involving the tracing
of funds through a number of
jurisdictions, including the Channel
Islands, Ireland and various continental
countries and the speakers will include
the head of the Fraud Squad in Ireland.
In addition, a lively social programme
has been arranged.
If you are interested in meeting lawyers
from England and Scotland and Wales
- this is the ideal opportunity to do so.
Those interested in obtaining a copy of
the programme, should contact
Petria
McDonnell,
McCann FitzGerald, 2
Harbourmaster Place, Custom House
Dock, Dublin 1, tel: 01 - 8290000, fax:
01 - 8290010 or
Mary Kinsella
at the Law Society for further
information.
Annual Congress - 30 August - 3
September
The Annual Congress of AIJA takes
place this year in Vichy, France. The
working sessions (which will take place
in the salons of the Grand Casino)
include the following topics:
• Warranties and Disclosures in
Corporation Acquisitions
• Know how: Protection and Licensing
• Personal Liability of Directors and
Officers in cases of Bankruptcy and
Insolvency
• The North American Free Trade
Agreement (NAFTA)
• Marketing & Promoting Law Firms
• Tax and the Environment
• Human Rights Protection
• Recent Issues in the Taking of
Security
• Trial Procedure - a Comparison of
the Common Law and Civil Systems
A full social programme is also offered,
including an evening at the opera, a
horse race specially organised for AIJA
and a reception at one of France's most
magnificent castles. There is also a full
spouses' programme involving trips to
local places of interest. In addition,
there will be a specially organised pre-
congress day at Euro Disney for AIJA
participants.
For brochures or information, please
contact
Petria McDonnell,
McCann
FitzGerald, 2 Harbourmaster Place,
Custom House Dock, Dublin 1,
tel:
01
-829 (KXX), fax:
01
-829
0010.
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