The Gazette 1964/67

(S.I. No. 193 of 1966) enclosed with the last issue of the GAZETTE. Debt Collecting The Council have approved a new commission scale in debt collecting matters in substitution of existing scale. A circular will be issued to members in the near future. WEEK-END MEETING Members wishing to attend the week-end meeting in Cork from 19th to 21st May are advised to book their accommodation immediately. Death Duties An article in the last number of the GAZETTE pointed out that while the law as to the chain of executorship was changed by Section 19 of the Succession Act 1965, Section 10 (5) of that Act provides that unadministered estate vested in a personal representative who has died will vest in his own personal representative as trustee and that the latter as such trustee will be liable under Section 8 (4) of the Finance Act 1894 to any claim for duty affecting that property. The fol lowing correspondence has passed between the Society and the Assistant Secretary, Estate Duty Branch, Revenue Commissioners : 3lst January 1967, Society to Revenue Com missioners — Liability for Duty Thank you for your letter of January 10th. There appears to be two areas of risk where an executor takes out a grant to his testator without ascertaining whether the latter was during his life time executor or trustee. (a) The last executor may be accountable for duty on the original estate if he neglects or fails to get in any outstanding assets on which duty has not been paid. (b) Any unpaid duty on the original estate is a debt due by the executor and his executor should provide for it out of the assets which he is administering. It would obviously be impracticable and incon venient for an executor before deciding to act in that capacity to make enquiries as to any es- 118 CHAIN OF EXECUTORSHIP

Lessee's Solicitor doing Lessor's Solicitor's work An agreement for a lease provided that the lease and counterpart were to be prepared, stamped and registered by the lessor's solicitor at the expense of the lessee. The lease was granted in consideration of a substantial fine and a rent. The lease and counterpart were in fact prepared by the lessee's solicitor and approved by the lessor's solicitor but there was no formal agree ment as to the reversal of the work. Members referred to Opinion C.52 of the Council and ask for a ruling as to the amount of the costs and to whom they should be paid. The Council decided that: (i) The decision in Clarke v Simms-Ilet would have applied had it not been displaced by the stipulation in the contract as to pay ment by the lessee of the lessors costs, (ii) If the lessor did not carry out all the work specified in the S.R.G.O. his costs would be chargeable under Schedule 2. (iii) In order to bring Council Opinion C.52 into operation it must be shown that ihere was agreement between the solicitors that the usual work would be reversed and likewise the costs. March 2nd: The President in the chair, also present, Messrs George A. Nolan, Eunan Mc- Carron, John Carrigan, John Maher, Francis Arm strong, John C. O'Carroll, Thomas H. Bacon, Brendan A. McGrath, Desmond Moran, Ralph J. Walker, Peter D. M. Prentice, T. E. O'Donnell, Desmond J. Gollins, John J. Nash, Daniel J. O'Connor, Robert McD Taylor, Geralld Y. Gold- berg, John B. Jermyn, James W. O'Donovan, T. V. O'Connor, T. J. C. O'Keeffe, William A. Osborne, Thomas Jackson, Bruce St. J. Blake, George G. Overend, Francis J. Lanigan, Patrick O'Donnell, P. C. Moore, Gerard M. Doyle, Regi nald J. Nolan, Peter E. O'Connell, James R. C. Green, Gerald J. Moloney, Rory O'Connor. The following was among the business trans acted : Solicitors' Accounts Regulations 1967 The Council made the above regulations con solidating all the Solicitors' Accounts Regulations to date including the accountants' certificate pro visions. All the previous regulations have been revoked. A copy of the new regulations is en closed with this issue of the GAZETTE. To avoid confusion members should discard the Solicitors' Accounts (Amendment No. 2) Regulations 1966