STEPHENSON BURNS SOLICITORS’ 43rd SEMINAR
“IN LOVE AND WAR”
DATE: Friday 21st April 2023 VENUE: Live Stream
TIME: 9.15 am to 5.15 pm FEE: €390.00
A reduction of €45 for Newly Qualified Solicitors (2022/3) and Group Bookings (three or more people from the same firm) will apply.
The Seminar will cover a wide range of topics and will include the following:
The latest Probate Practice issues, Law Society Recommendations, Revenue eBriefs and Case Law.
The Solicitor and Client – how to avoid a conflict of interest as per the Law Society Regulations. If all else fails, how best to terminate the retainer.
From Predeath Actions of the Deceased – predatory marriages, gifts made by the deceased/attorney, death bed gifts, sales at less than market value, placing of assets in joint names and how to protect your client the Legal Personal Representative?
On Death – Burial disputes, which are sadly, becoming more common.
Which Will? – revocation and revival of wills and a review of the increasing number of cases on this basic issue. Where there is a valid foreign and Irish will, what proofs are needed for the Probate Office. Where more than one will is probated how to word the title in the Oath? When can section 90 assist where there is a conflict in the will?
Creditors and Conflict – when the Statute is ticking and no Grant is forthcoming, the need to appoint an Administrator Ad Litem arises to stop the clock.
General Conflict – When all else fails – using s. 27 (4) to stop the war – appointing an independent administrator to administer the estate. When to be wary of getting involved, but if doing so, how to ensure our fees are discharged.
A pre and post grant guide for practitioners, if agreeing to so act, including, precedent Oath and Bond.
Will Challenges – when acting for the estate/the challenger, issues of duress /undue /presumed influence, capacity, promissory estoppel/legitimate expectations – the estates and claimant’s perspectives, the change in emphasis re costs and Elliott v Stamp.
Legal Personal Representatives – how to obtain the grant when the will is not forthcoming, how to protect a beneficiary when the LPR will not act, actions against those with a right to extract the grant, rival applications, where a foreign grant has been obtained but now not all executors wish to extract a grant here and blocking the issuing of a grant (caveats, warnings etc).
Surviving Spouses V the Estate – when and how is the legal right share calculated, from where it is paid and how this affects the estate, including the formula to use when discharging same. Spousal rights in the context of second marriages where there is so much potential for conflict.
Are prenuptial agreements the solution or are renunciations better. What happens when the surviving spouse lacks capacity? Can the LRS be set aside?
Trustees – when there is conflict both between Trustees themselves and with beneficiaries; joint and several liability, extent of Trustee’s liability and breach of same, defenses, what information can a beneficiary demand and what actions can they take when in conflict with the Trustees?
When unhappy differences arise, can a court consider trust assets, even those in a discretionary trust, in exercising its discretion in Family Law cases and make those assets subject to an adjustment Order?
Question and Answer session with speakers.
Our speakers: Anne Stephenson, Úna Burns and Eleanor Lindsay, Stephenson Burns Solicitors, Padraic Courtney Secretary of PAT Committee, Rita Considine, Dublin County Registrar, Mark O’ Riordan BL, Padraic Grennan, Erin Research and Derek Ryan, Evelyn Partners.
7 CPD hours apply – (General 5 hours, Regulatory 1 hour, Practice Management 1 hour). To book return this form with a cheque made payable to Stephenson Burns Solicitors.
In the event of a cancellation, the attendance fee is non-refundable unless same is received, in writing prior to the 11th of April 2023 Although, it is hoped to be avoided, the right to substitute speakers, change timing, topics or venue is reserved.
Previous Seminars – Please contact firstname.lastname@example.org to purchase notes
Friday 18th November 2022
Friday 1st April 2022
Friday 12th November 2021
Friday 16th April 2021
Friday 6th November 2020
Friday 24th April 2020
Friday 22nd November 2019
Friday 5th April 2019
Friday 9th November 2018
Friday 20th April 2018
Friday 17th November 2018