The Gazette 1946-49

GAZETTE

APRIL 1 9 88

Consent of Spouses:

Personal Representat i ves

The Committee has received a

series of requests for advice as to

whether, or in what circumstances,

the consent of the personal re-

presentative's spouse may be

necessary in the sale of residential

property which formed part of the

deceased's estate, by the personal

r ep r esen t a t i ve in course of

administration of the estate.

In December 1981 the Con-

veyancing Committee recommen-

ded that it was not necessary for

a solicitor purchasing a property

from a personal representative who

is selling qua personal represen-

tative to enquire into the position in

relation to the Family Home Pro-

tection Act in respect of the

occupation of the premises by non-

convey i ng beneficiaries. This

recommendation did not receive

widespread acceptance and the

Committee has recently become

concerned that it was too simplistic

particularly where a personal re-

presentative is selling quite a

numbers of years after a death.

The matter is not w i t hout

d i f f i cu l ty and the Committee,

having taken Senior Counsel's

advice, is satisfied that only guide-

lines can be given. The facts in

each case must

u l t ima t e ly

determine the position.

Where there is no evidence to

suggest that the personal re-

presentative and his or her spouse

have resided in the property no

consent should be sought, though

a Declaration confirming the non-

residency should be obtained from

the personal representative.

Where there is some evidence

that th? personal representative

or/and his or her spouse may have

resided in the property for a short

period (e.g. while looking after the

deceased during illness or care-

taking the property after death) but

there is evidence to show that the

personal representative's family

home is elsewhere, then again no

consent should be sought, though

a Declaration con f i rmi ng the

location of the personal represen-

tative's family home should be

obtained from the personal re-

presentative. The fact that the

personal representative or the

spouse may be beneficially entitled

to the property under the will or

intestacy is of no significance in

this situation.

Where the personal represen-

tative and his or her spouse have

lived in the property and when

there is no evidence to suggest that

their family home is elsewhere,

then it would be reasonable to seek

the consent of the spouse. This

would particularly apply where the

personal representative or his or her

spouse are beneficially entitled

under the will or intestacy to the

property.

•

B i r t h s, De a t hs a n d M a r r i a ga

Ce r t i f i c a t es — Fees

Olflg sn Ard-Chlaralthaora

(Gensrsl Register Office)

Joyce House,

8 - 1 1 Lombard Street East,

Dublin 2.

FEES PAYABLE BY THE PUBLIC TO OIFIG

A N ARD - CHLARA I THEORA

(from 2 nd Novombor 1987)

1. Certificates

Birth Certificate

Death Certificate

Marriage Certificate

Short Birth Certificate

2. Search Fees:

P a r t i c u l ar S e a r c h: A

search over any period not

exceeding five years for

any given entry

General Search: Search

(in the public office by

applicant) through the

indexes to either Births or

Deaths during any number

of successive hours not

exceeding six, or to the

indexes to marriages during

any number of successive

days not exceeding six,

without specifying the

object of the search. (Fee

does not include the cost

of certificates or photo-

copies)

3. P h o t o c o py

of a

specified entry in the

Register

4. Authentication of a

c e r t i f i c a t e:

Cheques,

Postal Orders, etc. should

be made payable to the

"Registrar General".

Including

Extra

particular Coplas

Saarch

g —

raas

£5.50

£4.00

£5.50

£4.00

£5.50

£4.00

£3.50

£2.00

£1.50

£12.00

£1.50

T H E

S O L I C I T O R S '

B E N E V O L E NT

A S S O C I A T I ON

A CASE IN NEED

Mrs. "X" is in her late 40's, she is the

widow of a Solicitor, has five children under

21. Her only income is a widow's

pension

and family allowance. She has to provide

for her family and maintain a home. She

faces this enormous responsibility

atone.

Who can she turn to for help? — The

Solicitors' Benevolent Fund.

The Solicitors' Benevolent Association

assists such cases - and many others where

the age of dependants of members of the

profession ranges from "under 10" to

"over eighty". The Committee of the

Association meets monthly and its work

covers the entire country, north and south.

The Committee funds come from annual

subscriptions from members of the Law

Society of Northern Ireland and The Incorpor-

ated Law Society of Ireland, together with

additional subscriptions received from Bar

Associations, and individual Solicitors or

firms of Solicitors. In recent years the calls

on the Association's resources have become

more numerous and this year the Committee

faces a relatively large deficit. It urgently

needs extra funds. Subscriptions can be

sent to the Secretary, Ms Clare Leonard,

The Solicitors' Benevolent Association,

40 Lr. Fitzwilliam Square, Dublin 2, or c/o

The Law Society, Blackhall Place, Dublin 7.

THE H I GH COURT

Record No. 35SA 1987

IN THE MATTER of Brendan

Gunn a solicitor and in the mat-

ter of the Solicitors' Acts 1954

and 1960.

NOT ICE is hereby given that

by Order of the President of the

High Court dated the 1 st day of

February, 1988, the name of

Brendan Gunn, so l i c i t o r,

formerly practising under the

style of Gunn & Co. at

28 Mo l e swo r th

St r ee t,

Dublin 2, has been struck off

the Roll of Solicitors.

Dated this 7th day of March,

1988

JAMES J. IVERS

Director General