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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