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GAZETTE

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JUNE 1993

P R A C T I C E

N O T E S

Probate Office Practice -

Charitable Bequests

Practitioners will be aware that, when

lodging applications for Grants of

Probate of any will containing a

charitable legacy, they are required to

lodge an additional copy of any such

will for transmission by the Probate

Office to the Office of the

Commissioners for Charitable

Donations & Bequests for Ireland in

compliance with the statutory

obligations of the Probate Office under

the Charities Acts.

Unfortunately the sheer volume of such

wills has presented a serious problem

for both the Probate Office and the

Office of the Charitable Commissioners.

In order to resolve this difficulty, the

Probate Office proposes introducing a

slightly revised practice whereby

solicitors applying for Grants of Probate

of any will containing a charitable

legacy would lodge a simple summary

form supplying details of all such

charitable bequests.

It is intended that this revised practice

shall come into operation with effect

from July, 1993. Practitioners are

requested to co-operate with the Probate

Office in implementing this new

practice to ensure the continued smooth

running of the Probate Registries which

has been a great advantage and of

considerable benefit in recent years to

probate practitioners.

Specimens of the new summary forms

will be available from the various

Probate Registries.

Professional Purposes Committee.

Life Policy Proceeds not

paid to Solicitors

It has come to the attention of the

Society that in certain instances cheques

from life assurance companies for the

proceeds of life policies are paid

directly to the insurance broker

concerned. This can result in a solicitor

who has given an undertaking in

contemplation of receiving such

proceeds being placed in an invidious

position if the insurance broker

accounts directly to the personal

representative.

A solicitor should, therefore, take care

when completing a claim form on

behalf of personal representatives of a

deceased that it is clearly stated on both

the face of the claim form and in the

accompanying letter that any life

assurance proceeds cheque drawn in

favour of the personal representative or

beneficiary (as the case may be) should

be scut directly to the solicitor.

A solicitor should not give an

undertaking unless he has sight of the

claim form and he is certain that the

cheque for the life assurance proceeds

will be sent to him.

Professional Purposes Committee.

Law Society Tax Guide, 1993

- Correction

The Taxation Committee of the Law

Society regrets that there was an error

in the information published in its

Pocket Tax Guide, 1993 which was

circulated with the May, 1993 issue of

the

Gazette.

The correct schedule of

Stamp Duties payable is as follows:

Under £5,000

Nil

£5,001-£10,000

1%

£10,001-£15,000

2%

£15,001-£25,000

3%

£25,001-£50,000

4%

£50,001-£60,000

5%

Exceeding £60,000

6%

The Taxation Committee regrets any

inconvenience caused to members of

the profession by its error.

Doyle Court Reporters

Principal:

Áine O'Farrell

Court and Conference Verbatim Reporting Specialists in Overnight Transcription

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