183 / 482
GAZETTE
Practice
Notes
Probate Officer Directions
1. Practitioners should note that
pursuant to Order 79 Rule 3 of
the Rules of the Superior Courts
applications for Grants must be
made personally or through
Town Agents, but cannot be
made by post.
2. All notices of application lodged
must be typed. This require-
ment is necessary to ensure
that the correct details of every
application are accurately
recorded on the computer of
this office.
3. New Technology - Wills
The following guidelines are
suggested for the preparation of
Wills by Word Processors, I.B.M.
Personal Computers, Laser
Printers and so forth. These
guidelines have already been
agreed in principle with the Law
Society Technology Committee.
Wills prepared on single
sheets with writing on one side
only, should be bound in the
traditional methods. These
include:-
(a) Ribbon or Tape;
(b) Staples covered over by
heavy adhesive material;
(c) Brass Eyelets.
Each page containing written
material should be numbered in
the following manner:
in the case of a Will consist-
ing of 10 separate sheets
with writing on one side of
each sheet, each written
page should be numbered
Page 1 of 10, Page 2 of 10,
and so forth.
The suggested attestation
clause would read as follows:
"Signed and acknowledged
by the above-named Testator
as and for his last Will and
Testament in the presence of
us both present at the same
time who in his presence at
his request and in the presence
of each other have hereunto
subscribed our names as
witnesses this Will having
been printed on the front side
only of the foregoing 10
sheets of A4 paper."
The shortened form of attest-
ation clause may, of course, be
used i.e. "Signed by the Testator
in the presence of us and signed
by us in the presence of the
Testator". The statement
regarding the content of the Will
must, of course, be added.
W. G. Kenna
Probate Officer
RELEASE OF BANK
MORTGAGES
House loan mortgage deeds often
now secure for the lender not only
the house loan but also any other
monies that may be owing by the
borrower to the lender, such as
monies owing by a borrower on a
current account with a bank lender.
A hank, on being asked for
mortgage redemption figures, may
simply advise the amount due on
the house loan. The Bank may later
decline to furnish a release of the
mortgage/mortgages following
receipt of the house loan liabilities
on the grounds that there are other
liabilities secured by the mortgage
deed/deeds. By the time the
vendor's solicitor realises that
payment of the home loan liabilities
does not discharge all liabilities
secured by the mortgage deed/
deeds, the purchase monies are
likely to have been paid out and the
vendor's solicitor may be in a
position of having to honour an
undertaking to furnish a release or
vacate of the mortgage or
mortgages which the purchaser's
solicitor would perhaps have
sought and accepted on the closing
of the sale.
Where the vendor's property is
subject to mortgage, the vendor's
solicitor should obtain from the
mortgagee a statement of what
monies the mortgagee states are
required to redeem the mortgage or
mortgages
and
an undertaking
from the mortgagee that on
payment of the amount stated the
mortgagee will furnish a release or
vacate of the mortgage or
mortgages.
Conveyancing Committee
APRIL 1989
C O M P A N Y
S E C R E T A R I AL
C O N S U L T A N T
PETER H. QUINLAN
MBA, AITA
OFFERS
A
COMPLETE
COMPANY SERVICE
Advice on Corporate Procedures
Drafting of Resolutions and Minutes
Arrangement of Company Meetings
Searches and Updates of
Company Records
Filing Returns and Other Compliance
67 LANSDOWNE ROAD
DUBLIN 4
Tel.: (01) 684245
APRIL 1989 GAZETTE
COVER PHOTO
The photograph featured on
the cover of the April Gazette
was of Bray Courthouse.
The caption was inadvertently
omitted.
169