The Gazette 1989

GAZETTE Practice Notes

APRIL 1989

time who in his presence at his request and in the presence of each other have hereunto subscribed our names as witnesses this Will having been printed on the front side only of the foregoing 10 sheets of A4 paper." The shortened form of attest- ation clause may, of course, be used i.e. "Signed by the Testator in the presence of us and signed by us in the presence of the Testator". The statement regarding the content of the Will must, of course, be added. W. G. Kenna Probate Officer House loan mortgage deeds often now secure for the lender not only the house loan but also any other monies that may be owing by the borrower to the lender, such as monies owing by a borrower on a current account with a bank lender. A hank, on being asked for mortgage redemption figures, may simply advise the amount due on the house loan. The Bank may later decline to furnish a release of the mortgage/mortgages following receipt of the house loan liabilities on the grounds that there are other liabilities secured by the mortgage deed/deeds. By the time the vendor's solicitor realises that payment of the home loan liabilities does not discharge all liabilities secured by the mortgage deed/ deeds, the purchase monies are likely to have been paid out and the vendor's solicitor may be in a position of having to honour an undertaking to furnish a release or vacate of the mortgage or mortgages which the purchaser's solicitor would perhaps have sought and accepted on the closing of the sale. Where the vendor's property is subject to mortgage, the vendor's solicitor should obtain from the mortgagee a statement of what monies the mortgagee states are required to redeem the mortgage or mortgages and an undertaking from the mortgagee that on payment of the amount stated the mortgagee will furnish a release or vacate of the mortgage or mortgages. Conveyancing Committee RELEASE OF BANK MORTGAGES

C O M P A N Y S E C R E T A R I AL C O N S U L T A N T

PETER H. QUINLAN MBA, AITA

Probate Officer Directions 1. Practitioners should note that pursuant to Order 79 Rule 3 of the Rules of the Superior Courts applications for Grants must be made personally or through Town Agents, but cannot be made by post. 2. All notices of application lodged must be typed. This require- ment is necessary to ensure that the correct details of every application are accurately recorded on the computer of this office. 3. New Technology - Wills The following guidelines are suggested for the preparation of Wills by Word Processors, I.B.M. Personal Computers, Laser Printers and so forth. These guidelines have already been agreed in principle with the Law Society Technology Committee. Wills prepared on single sheets with writing on one side only, should be bound in the traditional methods. These include:- (a) Ribbon or Tape; (b) Staples covered over by heavy adhesive material; (c) Brass Eyelets. Each page containing written material should be numbered in the following manner: in the case of a Will consist- ing of 10 separate sheets with writing on one side of each sheet, each written page should be numbered Page 1 of 10, Page 2 of 10, and so forth. The suggested attestation clause would read as follows: "Signed and acknowledged by the above-named Testator as and for his last Will and Testament in the presence of us both present at the same

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APRIL 1989 GAZETTE COVER PHOTO The photograph featured on the cover of the April Gazette was of Bray Courthouse. The caption was inadvertently omitted.

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