Probate Conference 2021

Chaired by Margaret Walsh, with Alan Dodd BL and Paula Fallon.

€150 per person Booking

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Probate Conference 2021

Level: 2.5 General CPD hours

  • No dates

This webinar addresses issues which are of concern to practitioners in probate practice. It examines traps for the unwary in Enduring Powers of Attorney as well as how best to navigate Complex Administrations. It also revisits the all-important issue of Probate Accounts. The overall emphasis is on practicality. The webinar highlights problems and pitfalls which can occur in day to day practice.

Enduring Powers of Attorney: Tips and Traps, by Margaret Walsh

  • Modifying the EPA template: traps for the unwary
  • Can substitute attorneys be named as notice parties?
  • Attorneys appointed jointly and /or jointly and severally and difficulties arising in these respective circumstances,
  • Can an attorney exercise a discretionary power granted to the donor?
  • To what extent is the authority of the attorney restricted in relation to the making of gifts out of the donor’s assets?
  • Does an attorney have a right of access to the donor’s will?
  • Frequent queries raised by the Registrar on an application to register content and an Enduring Power of Attorney
  • Objections to the proposed attorney by third parties
  • Best practice when revoking an EPA and what to do if the donor does not want to inform anyone that the EPA has been revoked,
  • Does an attorney have an obligation to provide accounts of the donor’s financial affairs to the court or to family members who were not appointed as attorney?

Complex Grants of Representation, by Alan Dodd B.L.

 When are the following relevant?

  • Ad Litem Grants, limitations and procedure
  • Grants Pendente Lite and where they might be urgently required due to time limits.
  • Second and subsequent Grants, in particular, where estates are not completed.
  • Limited Grants to include a Grant to a guardian which is happening frequently on intestacy.
  • Creditor’s Grants and the myriad issues surrounding same
  • Section 27 (4) Grants and the usefulness of this section in practice across all areas
  • Grants ad Colligenda Bona
  • Caveats

Administration Accounts, by Paula Fallon

  • A practical guide to the preparation of an administration account for an estate/trust.
  • Dealing with income on specific bequests.
  • Controlled or non-controlled funds? Obligations and the Law Society.
  • Addressing an abatement in an account.
  • Who is entitled to a copy of the account?
  • Approval by Executors /Trustees.
  • Treatment of estate liabilities in an administration account.
  • Predeath and post death income.