Articles2021-06-25T01:58:02+01:00

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906, 2021

Probate in Ireland – Updates from the Probate Officer

June 9th, 2021|

Applying for Probate in Ireland In a recent webinar, Erin Research hosted High Court Probate Officer John Glennon BL MBA in relation to how solicitors can ensure their application for a grant of representation is accepted on the first submission. Mr. Glennon gave several invaluable tips, tricks, and errors to avoid when applying for probate in Ireland. The key areas that were covered included testamentary capacity, valuations, and oaths and bonds. For the convenience of probate practitioners, we have summarized the most important points that were covered during the webinar. Submitting Probate Papers The single biggest contributor to waiting times in the Probate Office is the error rates on papers that are submitted. Waiting times are double what they should be simply because of the error rate. It is estimated that for every ten applications submitted, eight are returned for [...]

804, 2021

Stephenson Burns Solicitors – Seminars for Probate Practitioners

April 8th, 2021|

Stephenson Burns Solicitors - Seminars for Probate Practitioners Erin Research is proud to be sponsoring the upcoming Stephenson Burns probate seminar to be held on 16th April 2021. The seminar will be the 39th such event held by principal Anne Stephenson, who is widely recognised across Ireland and beyond as a leading expert in all matters probate-related. Anne is a seasoned lecturer and imparts her knowledge to colleagues and students alike, teaching on and acting as an external examiner with the Law School at the Law Society of Ireland for trainee solicitors Anne is a member of STEP (Society of Trust and Estate Practitioners – the professional body for trust and estate practitioners worldwide), the Probate Committee of the Dublin Solicitors Bar Association, the Probate Administration and Trusts Committee of the Law Society of Ireland, and the Probate Liaison [...]

1712, 2020

Finding Beneficiaries and Next-of-Kin

December 17th, 2020|

How to locate missing next-of-kin during the probate process Dealing with a beneficiary who is named on a will but is now missing can be an awkward and time consuming situation for legal practitioners. Similarly, dealing with an intestate case where a family tree may need to be researched and verified to ensure correct distribution of the estate, can be a lengthy process. As the administration of an estate cannot be progressed until all beneficiaries are found, this can lead to long delays in the process for other entitled beneficiaries. In some cases, elderly or infirm legatees may miss out on their inheritance due to delays in administering the estate. Legal personal representatives of an estate have a legal and moral obligation to ensure that the proceeds of an estate are distributed in a timely manner to ensure the [...]

1012, 2020

Administration of assets – overcoming difficulties faced by practitioners

December 10th, 2020|

After a person has made a will, circumstances can change which may affect how a person’s assets and legacy can be distributed to their stated beneficiaries. As it falls to the legal practitioner administering the estate to resolve these issues, we spoke to Declan Whittle, barrister-at-law and an expert in probate and succession law in a recent webinar to look at some of the issues practitioners may encounter and how to overcome them. To view a playback of the webinar with Declan Whittle visit our webinars page. The webinar covers the areas of abatement, ademption, disclaimers, lapse and advancements. Nature of dispositions Devise – real property Legacy – personal property Sub sets: Specific - Gift of a particular item that is distinguishable from all other things. Can be adeemed   General - Not specifically identified eg. €1,000 to Joe [...]

312, 2020

Drafting a Will – 21 Tips for Probate Solicitors

December 3rd, 2020|

In one of our most recent webinars we spoke to Richard Hammond SC from Hammond Good Solicitors about will writing for solicitors and it’s proved one of our most popular lectures. Many solicitors have since been in touch to say they found the webinar particularly useful. To watch the webinar visit our webinar page and if you would like to view the slides that accompany this particular webinar email info@erinresearch.ie to request. Here, we've put together 21 tips that may help solicitors when drafting wills for their clients. Tip Number 1: Consider the risk In almost all other work a solicitor will carry out for their client there will be a limitation to the risk, whether it’s the value of the property the client is buying or the cost of an employment contract that could go wrong. When drafting [...]

2611, 2020

24 tips on using the new SA2 Form (Statement of Affairs) as recommended by Revenue

November 26th, 2020|

In a year that saw many changes for businesses in 2020, probate solicitors in Ireland faced one of the biggest changes to affect the process of applying for probate; the introduction of the SA2 form to replace the old Inland Revenue Affidavit (CA24 form). With the Probate Office reporting error rates of 60% on probate applications, the main aim of the new SA2 form was to reduce error rates and speed up the efficiency of the application process. To do this, the process moved online. In a recent webinar with Erin Research, Mark Bradshaw of the Revenue Commissioners gave an update on the form and application process to help with questions or queries probate solicitors may have since the new process was introduced. An original webinar on this topic can be found here  (dated 3 September 2020) and a [...]

1111, 2020

Enduring Power of Attorney: top practice tips

November 11th, 2020|

Erin Research regularly run webinars covering important areas of probate practice in Ireland. As professional probate genealogists, much of our work entails tracing heirs or missing next-of-kin, often in cases where a person may become incapacitated or dies intestate. In a recent webinar we looked at the enduring power of attorney – which is a legal document whereby a person sets out their preferences for who will manage their affairs should they become incapacitated. As this can be a complicated and at times fraught matter for clients, their families and solicitors alike, you may wish to watch our webinar back with David Hickey, Partner at Curry & Hickey Solicitors, a boutique firm specialising in this area. You’ll find the webinars here. What is an Enduring Power of Attorney? An enduring power of attorney (also known as an EPA) is [...]

2910, 2020

The Uses of Discretionary Trusts in Estate Planning

October 29th, 2020|

Trusts can be set up for a number of reasons and provide a useful tool and solution to complexities that may arise in estate planning. Ultimately an estate plan provides an orderly and tax efficient transfer of assets and wealth between individuals, typically to the next generation – i.e. from parents to children. An estate plan can also encompass some life time giving and a will that will deal with an estate, upon the death of an individual. This may include a plan for gifts, inheritance, and the taxation consequences that would arise. Trusts are very effective in helping to protect both the assets and people involved. They may be used to: Protect family assets for future generations Allow funds to be managed on behalf of a person who may be incapacitated or unable to manage assets alone Provide [...]

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