STEPHENSON SOLICITORS’ 28th SEMINAR
QUIS CUSTODIET IPSOS CUSTODES ET AL?
DATE: Friday, 13th November VENUE: Westbury Hotel, Dublin 2
TIME: 9.15 to 5.15 FEE: €390.00 including Lunch
The Seminar will cover a wide range of topics, including, but not exclusively:
Updates
· Budget 2015 – Review of changes to capital taxes.
· Changes to Probate Office Practice- Order 4th June 2015 and the CA 24.
· New Revenue Guidance notes (March/June/July2015); “IT41 Bereavement- Tax related information, Revenue Guidelines for Personal Representatives”, Guide to filing the IT38 Return” and eBrief 68/15 “CAT and Agricultural Relief”.
· The LRC’s Report (LRC 114-2015) Prevention of Benefit from Homicide “and the changes to section 120 of the Succession Act including Joint Property, Grants, Caveats and costs.
· The New Requisitions on Title and Probate Practice.
Guarding solicitors/the clients- regulations and ethics update- directly from the Director of Regulation, Law Society of Ireland
· A preview of the new Regulation Guidelines re Wills, Probate, Trust and Administration of Estate work (Winter 2015) –hear it here first!
· The Law Society’s new suggested “Terms and Conditions”.
· Probate Practice, one of the highest risk areas for problems of a regulatory nature; what are the “usual breaches” and how to avoid same- what are estate accounts?
· Trusts - an extra responsibility- Practice Note “Probate Administration and Trusts”?
· Section 68 letters/no charging clause, consequences for solicitor/executor who witnesses the will.
· Solicitor’s Accounts Regulations 2014 including top tips for managing accounts. and Practice note 7th July 2014 re Solicitors (Advertising) Regulations.
· Money laundering including “AML -No exemption for existing clients” Practice note March 2013.
· Fraud by employees, and Cyber Fraud -Practice Notes; “Register of Solicitors 2015” and “Misappropriation by Employees in Solicitors Practices”
Who guards the children post the Children and Family Relationships Act 2015 ( the 2015 Act) and the Marriage Equality Bill 2015 ( the Marriage Bill)?
· The effect of the 2015 Act and the Marriage Bill on Succession Law.
· What is guardianship- s 49 of the 2015 Act? Automatic guardianship and non marital fathers.
· Who now, can be a testamentary guardian and how to appoint same in a will?
· The impact of the 2015 Act on children of a dissolved civil partnership.
· Who now can be a parent? New rights of civil partners, cohabiting couples, step-parents /grandparents/those with a parenting role.
· The 2015 Act and S 117/98 - a new category of child?
· How does the 2015 Act amend the Adoption Act 2010?
· Do civil partnerships still exist?
· When does dissolution of a civil partnership invalidate a will and when it does not?
· The impact of the Marriage Bill 2015 Act on children of a dissolved civil partnership i.e. how are actions under s 67(A ) (3) affected ?
Who guards the Legal Personal Representative or the Trustees?
· When the Legal Personal Representatives or Trustees need watching or worse-what actions can be taken?
· When, how and by whom can Legal Personal Representatives or Trustees be removed?
· When, how and by whom can Legal Personal Representatives or Trustees be called to account?
· Is misconduct a necessity or is dislike enough?
· The costs of same and the time limits applicable.
· Effect of recent case law.
Enduring Powers of Attorney – The effect of AA, BB, CC, DD, EE and FF -20th February and May 2015?
· Are Attorneys Agents or Trustees?
· What information/accounts may relatives/concerned/parties require from the Attorneys?
· What type of Attorneys’ actions will raise concern?
· Who supervises the Attorneys? What is, if any, is the power of the court in supervising the Attorneys.
How and what is Revenue watching?
· Revenue is watching and “more closely than you think”; its sources of information and powers.
· Current focus of Revenue’s gaze – from where tax revenue comes, its use of risk profiling to select audit targets and how to minimize the possibility of audits.
· CAT compliance post filing – checklist of points to note and things to avoid in CAT filing and dealing with filing and surcharges, especially on date of death valuation date cases.
Who is left to “guard” the store when the client is gone?
· Shareholder, Partnerships and Co-Ownership Agreements.
· The use of Trusts and Family Partnerships.
OUR SPEAKERS WILL BE: Anne Stephenson and Úna Burns of Stephenson Solicitors, John Elliot, Director of Regulation, Law Society of Ireland, Anne Marie Maher BL, Finola O’Hanlon of O’Hanlon Tax ,Teresa Pilkington SC and Derek Ryan.
BOOKING FORM: 6 CPD hours apply (4 General, 1 Management and 1 Regulatory Matters):
Return this form with a cheque for €390 made payable to Stephenson Solicitors, 55 Carysfort Avenue Blackrock, Co. Dublin. Tel: 01-2756759. If a cancellation is received in writing by the 29th October 2015 it will be accepted and a refund given, subject to an administration fee of €50.00. In the event of a cancellation after this date the attendance fee is non-refundable. Although it is hoped to be avoided, the right to substitute speakers, change timing, topics or venue is reserved.
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