The Gazette 1993

GAZETTE

GEMN

JUNE 1993

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.

Dismissal Proceedings in Wardship

Matters

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.

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.

Conclusion

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

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.

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TURKS AND CAICOS ISLANDS

AND

THE ISLE OF MAN

Samuel McCleery

Attorney - at - Law and Solicitor ol PO Box

127

Grand Turkjurks and Caioos Islands, British West

Indies and at P. O. Box

Castletown, Isle ot Man

will be pleased to accept Instructions generally

from Irish Solicitors In the formation and adminis-

tration ol Exempt Turks and Calcos Island

Companies and Non - Resident Isle of Man

Companies as well as Trust Administration

G.TOfflce:-

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146