STEPHENSON SOLICITORS’ 22nd SEMINAR
“WHO PAYS THE FERRYMAN?”
DATE: Friday 16th November 2012 VENUE: Westbury Hotel, Dublin 2
TIME: 9.15 to 5.00 FEE: €390.00 including Lunch
This seminar will cover the following:
Updates: New legislation, recent case-law and Law Society Recommendations incl; the
increased care needed re Deeds of Family Arrangement following the new stamp duty
system (SI 233/2012) & the new Regulation re acting for vendor and purchaser, the
Mediation Bill 2012, the Advance Healthcare Decisions Bill 2012 (Living Wills), the new
Guide to Professional Conduct of Solicitors in Ireland, how same affects probate work, the
new CA24 and the new Practice Direction of the President of the High Court re same.
How should YOU charge? Percentage of estate or hourly rate?
How to ensure YOU are paid! What to include in and to whom to send a s. 68 letter – when
do you need to send a second one? – The hidden dangers of charging clauses and
abatement - how to avoid same incl. precedent clauses and letter.
Solicitor’s fees – “testamentary and administration expenses” – what qualifies as same, more
importantly, what does not?
The pros and cons of taxation: What variance between taxed costs and the fees presented is
permissible? Who pays for taxation- The cost accountant’s fees - the stamp duty? When
does the client pay? When does the solicitor pay? Is there a difference between taxation of
contentious (party-party, third-party, solicitor-client costs) and non-contentious costs. How
best to manage the file to ensure that all of work is taxable and thus billable.
Should an executor/administrator extract the grant where the estate may be insolvent? To
what extent are Legal Personal Representatives personally liable? Avoiding the pitfall of
acknowledging a liability while trying to establish the assets and liabilities of an estate.
Part I of the First Schedule of the Succession Act, 1965 - the practical application of the rules
re the payment of debts in an insolvent estate and how to assess the competing claims of
creditors (secured/unsecured) – is negotiation a possibility? - How the rights of a surviving
spouse/civil partner are affected.
Liability for guarantees/charges - who pays - how best to advise the Legal Personal
Representative of an insolvent estate where there is joint ownership (tenancy-in-common) of
an asset and a joint liability for a mortgage/charge or where the deceased was a Guarantor?
The options open to the solicitor/client when awarded costs but there are no liquid assets in
the estate; the Legal Personal Representative pays? Judgement for debt?
Probate litigation - who pays what? How can an Elliott and Stamp letter assist in ensuring the
estate does not carry the costs with precedent letter, the effect on costs of Gill v RSPCA
combined with the new Mediation Bill, and the effect on costs of the seminal case, Cawley
and Ors. v Lillis .
Who pays what in Section 27 (4) non-contentious probate applications before the Probate
Costs where a section 90 application for construction of the will is required – In the Matter of
the Estate of John O’Donoghue Deceased.
When should “the good neighbour” be paid? - Quantum Meruit claims and proprietary
estoppel - Coleman v Mullin and Prendergast v McLaughlin.
Accounting for the money – what accounts (estate/trust accounts are not one and the same)
are required by whom and when? How to prepare same - the easy way or the hard way! -
Does the Draft Trustee Bill 2008 assist?
Minding the money – Solicitors’ legal obligations re client monies.
How to ensure YOU do not pay – the dangers of Undertakings.
How to ensure the Legal Personal Representative does not pay – the value of Creditors’
Notices including precedents.
When CAT and CGT deductions can be taken for costs of administration. The difference
between payments made to beneficiaries from an estate or from a trust, the tax
documentation needed and the returns to be filed.
When the new DTT regime (post FA12) applies.
Cashflow issues when clawbacks of CAT reliefs arise.
6 CPD hours apply (4 General, 1 Management and 1 Regulatory Matters):
Detach and return this section with a cheque made payable to Stephenson Solicitors, 55 Carysfort
Avenue Blackrock, Co. Dublin. Tel: 01-2756759. If a cancellation is received in writing by the 19th
October 2012 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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