The Gazette 1988

GAZETTE

APRIL 1 9 88

period (e.g. while looking after the deceased during illness or care- taking the property after death) but there is evidence to show that the personal representative's family home is elsewhere, then again no consent should be sought, though a Declaration con f i rmi ng the location of the personal represen- tative's family home should be obtained from the personal re- presentative. The fact that the personal representative or the spouse may be beneficially entitled to the property under the will or intestacy is of no significance in this situation. Where the personal represen- tative and his or her spouse have lived in the property and when there is no evidence to suggest that their family home is elsewhere, then it would be reasonable to seek the consent of the spouse. This would particularly apply where the personal representative or his or her spouse are beneficially entitled under the will or intestacy to the property. •

T H E S O L I C I T O R S ' B E N E V O L E NT A S S O C I A T I ON A CASE IN NEED

Mrs. "X" is in her late 40's, she is the widow of a Solicitor, has five children under 21. Her only income is a widow's pension and family allowance. She has to provide for her family and maintain a home. She faces this enormous responsibility atone. Who can she turn to for help? — The Solicitors' Benevolent Fund.

Consent of Spouses: Personal Representat i ves The Committee has received a series of requests for advice as to whether, or in what circumstances, the consent of the personal re- presentative's spouse may be necessary in the sale of residential property which formed part of the deceased's estate, by the personal r ep r esen t a t i ve in course of administration of the estate. In December 1981 the Con- veyancing Committee recommen- ded that it was not necessary for a solicitor purchasing a property from a personal representative who is selling qua personal represen- tative to enquire into the position in relation to the Family Home Pro- tection Act in respect of the occupation of the premises by non- convey i ng beneficiaries. This recommendation did not receive widespread acceptance and the Committee has recently become concerned that it was too simplistic particularly where a personal re- presentative is selling quite a numbers of years after a death. The matter is not w i t hout d i f f i cu l ty and the Committee, having taken Senior Counsel's advice, is satisfied that only guide- lines can be given. The facts in each case must u l t ima t e ly determine the position. Where there is no evidence to suggest that the personal re- presentative and his or her spouse have resided in the property no consent should be sought, though a Declaration confirming the non- residency should be obtained from the personal representative. Where there is some evidence that th? personal representative or/and his or her spouse may have resided in the property for a short

The Solicitors' Benevolent Association assists such cases - and many others where the age of dependants of members of the profession ranges from "under 10" to "over eighty". The Committee of the Association meets monthly and its work covers the entire country, north and south. The Committee funds come from annual subscriptions from members of the Law Society of Northern Ireland and The Incorpor- ated Law Society of Ireland, together with additional subscriptions received from Bar Associations, and individual Solicitors or firms of Solicitors. In recent years the calls on the Association's resources have become more numerous and this year the Committee faces a relatively large deficit. It urgently needs extra funds. Subscriptions can be sent to the Secretary, Ms Clare Leonard, The Solicitors' Benevolent Association, 40 Lr. Fitzwilliam Square, Dublin 2, or c/o The Law Society, Blackhall Place, Dublin 7. IN THE MATTER of Brendan Gunn a solicitor and in the mat- ter of the Solicitors' Acts 1954 and 1960. NOT ICE is hereby given that by Order of the President of the High Court dated the 1 st day of February, 1988, the name of Brendan Gunn, so l i c i t o r, formerly practising under the style of Gunn & Co. at 28 Mo l e swo r th St r ee t, Dublin 2, has been struck off the Roll of Solicitors. ' Dated this 7th day of March, 1988 THE H I GH COURT Record No. 35SA 1987

B i r t h s, De a t hs a n d M a r r i a ga Ce r t i f i c a t es — Fees

Olflg sn Ard-Chlaralthaora (Gensrsl Register Office) Joyce House, 8 - 1 1 Lombard Street East, Dublin 2. FEES PAYABLE BY THE PUBLIC TO OIFIG

A N ARD - CHLARA I THEORA (from 2 nd Novombor 1987)

1. Certificates

Including Extra particular Coplas Saarch g — raas £5.50 £4.00 £5.50 £4.00 £5.50 £4.00 £3.50 £2.00

Birth Certificate Death Certificate Marriage Certificate Short Birth Certificate 2. Search Fees: P a r t i c u l ar S e a r c h: A search over any period not exceeding five years for any given entry General Search: Search (in the public office by applicant) through the indexes to either Births or Deaths during any number of successive hours not exceeding six, or to the indexes to marriages during any number of successive days not exceeding six, without specifying the object of the search. (Fee does not include the cost of certificates or photo- copies) 3. P h o t o c o py of a specified entry in the Register 4. Authentication of a c e r t i f i c a t e: Cheques, Postal Orders, etc. should be made payable to the "Registrar General".

£1.50

£12.00

£1.50

JAMES J. IVERS Director General

£1.50

80