The Gazette 1994

JUNE 1994

GAZETTE

other period fixed in any other enactment, whichever is the longer.

representative (probably through his solicitor) request that sufficient assets be retained from the estate to repay any overpayments due. The practice of the Department is to issue such a request only where it appears from the schedule of assets that a real probability of a claim due by the estate to the Department of Social Welfare exists. If the Minister does not issue such a request within the three months then it is safe for a solicitor to distribute. Section 280(4) provides that any proceedings ffiSTthe recovery of the assistance due from the estate shall be maintainable against the estate of the deceased if brought at any time within two years from the date on which the notice of intention to distribute the assets and the schedule of assets are received by the Minister or within any Time Limit for Claims by the Minister against the Estate

Carers Allowance and Supplementary Welfare Allowance, in other words most non-contributory Social Welfare payments. The extension of the personal representative's liability will in most cases extend in turn to us as solicitors. This is because in the majority of cases the personal representatives will have relied on the advice of a solicitor. The solicitor will more than likely find himself the defendant in a professional negligence suit if he ignores the new provisions of the Social Welfare code in this area. It is important to note that a statutory notice to creditors will not protect the personal representative from a claim by the Minister for Social Welfare.

It follows from the above that solicitors acting for personal representatives will in future have to ascertain whether a deceased was, at any time, in receipt of any Social Welfare Assistance payments. The instruction sheet used by solicitors acting in the administration of an estate should be amended to ensure that this point is checked with the personal representative. It would be a foolish solicitor who would take it upon himself/herself to assume that no such payments had ever been received at any time in the past and who would accordingly ignore the obligations imposed by Section 280. Raphael King, Solicitor, is a tutor in wills/probate and administration of estates in the Law Society's Law School. a

Notification

Section 280 (l)(b) provides that the Minister must within three months of notification by the personal

F o r t h c o m i ng A I J A E v e n t s

Regional Weekend Cork 1 0 - 1 2 June

Those interested in obtaining a copy of the programme, should contact Petria McDonnell, McCann FitzGerald, 2 Harbourmaster Place, Custom House Dock, Dublin 1, tel: 01 - 8290000, fax:

• Marketing & Promoting Law Firms

Each year AIJA (the International Association of Young Lawyers) members in Ireland and the UK hold a regional weekend, the venue rotating between England, Scotland and Ireland. This year it is Ireland's turn to act as host and, by popular demand of UK (and many continental) members, the meeting will take place in Cork on the weekend of 10/12 June next. The topic of the seminar (which takes place on Saturday morning) is: The seminar will focus on a practical example of a case involving the tracing of funds through a number of jurisdictions, including the Channel Islands, Ireland and various continental countries and the speakers will include the head of the Fraud Squad in Ireland. In addition, a lively social programme has been arranged. If you are interested in meeting lawyers from England and Scotland and Wales - this is the ideal opportunity to do so. Money Laundering/Tracing of Funds.

• Tax and the Environment

• Human Rights Protection

01 - 8290010 or Mary Kinsella at the Law Society for further information.

• Recent Issues in the Taking of Security

Annual Congress - 30 August - 3 September

• Trial Procedure - a Comparison of the Common Law and Civil Systems

The Annual Congress of AIJA takes place this year in Vichy, France. The working sessions (which will take place in the salons of the Grand Casino) include the following topics:

A full social programme is also offered, including an evening at the opera, a horse race specially organised for AIJA and a reception at one of France's most magnificent castles. There is also a full spouses' programme involving trips to local places of interest. In addition, there will be a specially organised pre- congress day at Euro Disney for AIJA participants. For brochures or information, please contact Petria McDonnell, McCann FitzGerald, 2 Harbourmaster Place, Custom House Dock, Dublin 1, tel: 01 -829 (KXX), fax: 01 -829 0010. n

• Warranties and Disclosures in Corporation Acquisitions

• Know how: Protection and Licensing

• Personal Liability of Directors and Officers in cases of Bankruptcy and Insolvency

• The North American Free Trade Agreement (NAFTA)

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