STEPHENSON SOLICITORS’ 24THSEMINAR
“WHAT’S IT ALL ABOUT, ALFIE?”
DATE: Friday 15th November 2013 VENUE: Westbury Hotel, Dublin 2
TIME:9.15 to 5.00 FEE: €390.00 including Lunch
This seminar will cover the following:
  • Updates -New Probate Fees & Seat Office rules re valuations, progress with ROS Issues, the PAT Committee‘s new Probate Form for Practitioners, Law Society Guidelines re internal complaints and Local Property Tax and Estates,the Supreme Court Appeal in the case of Mater Semper Certa Est, New Legislation -Budget 2013 and at last,The Assisted Decision-Making (Capacity) Bill 2012 andNew Publications - OUP “Wills, Trusts & Probate”4th Edition, “Executors Administrators and Probate”, Williams, Mortimer & Sunnucks.
  • What is now defined as a “first” Grant of Representation re S. 117(6)? - Seminal New Case 2013.
  • What is a Calderbank/ Elliot and Stamp letter – when andhow to utilise same to the benefit of the estate.
  • “Without prejudice” – Not without its limitations! What does it really mean? When it is of no effect.
  • What is “guilty of murder”and the burden of proof under s. 120 post Patrick Nevin & Anor v Catherine Nevin 2013?
  • What does “living together”/”living apart” mean? No definition under the Civil Partnership and Certain
Rights of Cohabitants Act 2010 so will family law cases set the criteria? – McA v McA and Kotke V
Saffarini.
  • What is Estate Planning? How to effect the symbiosis of will drafting & a knowledge of Capital Taxes,
thereby ensuring that the most tax efficient will is drafted, while still reflecting the Testator’s wishes.
  • Pleadings –what are the time limits for entering/ issuing/filing probate pleadings& what is a “day”-Do you
count weekends/bank holidays?
  • What is a “child”/”issue”? Why does it matter? Who is a child from a legal & tax perspective, in particular
post-the Civil Partnership and CertainRights of Cohabitants Act 2010.
  • What is “foreign” for the purposes of Probate Office’s little black box.
  • When the will fails, can the revocation clause stand?
  • What is the difference between the criteria for and the effect of Section 98?
  • What is a debt and how to deal with same in a will?Overriding s. 47 forgiveness /satisfaction /releaseof debt with precedent clauses.
  • What is a “residuary gift over clause”? And how to ensure the asset passes to the intended beneficiary/beneficiaries.
  • What are the rules in -Allhusen v Whittle, Re Atknison, Re Earl of Chesterfield Trust & Howe v Lord
Dartmouth. What are they? When do they still apply and what is their purpose?
  • Pitt v HMRC and Futter v HMRC- the effect on the Hastings- Bass Rule re voiding a trustee’s decision.
  • What trust “information” must be provided to a beneficiary? When is a beneficiary your client?
  • How does Budget 2013 effect Wills, Trusts and Tax?
  • Business Relief - what is “relevant business property”/“family business”?
  • Agricultural Relief - what is agricultural property- can it include lands outside Ireland/EU? Does the
farmhouse count? Do Milk Quotas/SFPs count? When is a “small holding” too small?
  • Dwelling House Relief-what is “another dwelling house” for the purposes of the relief and the clawback”?
Does it include a house outside Ireland/EU? What is “an expense”? What is a “charge”?
  • How is the Succession Act, particularly in relation to definitions of a “spouse”, “separated spouse”, divorcee and/or guardian, affected by family law and what obligations are placed on the Legal Personal Representative under the Family Law Acts?
  • What is a foreign Divorce and when is same recognised here?
BOOKING FORM
6 CPD hours apply (4 General,1 Managementand1 Regulatory Matters): Return this form with a cheque made payable to Stephenson Solicitors, 55 CarysfortAvenue Blackrock, Co. Dublin. Tel: 01-2756759. If a cancellation is received in writing by the 20th October 2013it 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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