The Gazette 1992

GAZETTE

SEPTEMBER 1992

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Ordering of Copy Documents in The Probate Office

Building Contracts - Lending Institutions' Requirements The inclusion of special conditions in building contracts which limit a purchaser's rights may result in the purchaser's solicitor being unable to certify for a lending institution. Many loan approvals contain a condition that only the standard form of building contract may be used. Accordingly, members are advised to check all amendments to the standard building contract to ensure that they do not prevent them

contract but do not include all the clauses. Where a solicitor has obtained the necessary consent from the Law Society either to reproduce the building contract or to prepare a document which refers to the building contract as being incorporated therein, the following clause must be used in the contract:- "This contract shall be read as if it contained unamended all the terms and conditions of the Building Agreement issued jointly by the Incorporated Law Society of Ireland and the Construction Industry Federation in so far as said terms or conditions are not hereinafter altered or varied".

It is now proposed to introduce a system whereby copies of Wills and Grants if bespoken at the time of lodgment of the application papers for the Grant will be available on the same day as the Grant itself and both documents will issue accordingly. A number of practitioners seem to be unaware of the fact that the fees charged for official copies (as distinct from sealed and certified copies) of Wills and Grants if bespoken at the time of lodgment of the application papers for the Grant cost £1.00 each which is half the fee charged for documents subsequently bespoken. It should also be remembered that official copies of documents are adequate for all purposes within this jurisdiction. Sealed and certified copies are not essential. I would like also to draw the attention of practitioners to the advisability of retaining on file a copy of the Schedule of Assets as certified by the Revenue Commissioners. This, apart from being essential for administration purposes, must be produced to both the Inspector of Thxes and the Department of Social Welfare when winding up the estate of a deceased. Copies of such Schedules are, of course, available from this office but it is a costly and time-consuming exercise.

issuing a certificate of title in accordance with the lending institutions' requirements.

It has also come to the notice of the Committee that certain contracts are being produced on word processors which claim to be the standard

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Conveyancing Committee

DENIS C. GUERIN New York Attorney at Law Native of Killarney, Co. Kerry Member of the Law Society of Ireland Willing to act as your agent in t he United States of Ame r i ca • PERSONAL INJURY Auto accidents

Medical malpractice Defective products e.g. Silicone breast implants, Copper 7 I.U.D.

etc.

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CORPORATE LAW

a a

PROPERTY TRANSACT IONS

DIVORCES

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WILLS

IMMIGRAT ION etc. We can represent you anywhere in the United States Address: 25, West 39th Street, New York, New York 10018, U.S.A. Tel: 001-212-398-9238. Fax: 001-212-391-6917.

W. G. Kenna Probate Officer The High Court.

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