Probate, Administration & Trusts

Role of the Committee

The committee comments on and reviews changes to legislation and practice in the area of Probate, Administration and Trusts, and related taxation issues, and advises the profession accordingly. In particular, it advises on best practice in light of legislative change or otherwise.

The Committee comprises 13 members and a consultant. The secretariat deals with day-to-day queries from practitioners, and matters requiring the attention of the Committee are tabled for the scheduled meetings, which take place every six weeks.


Chair: Catherine Bourke

Vice-Chair: Aileen Keogan

Members

  • Gareth Bourke

  • Gwen Bowen

  • Elaine Byrne

  • Georgina Drum

  • Jane Flannery

  • Richard Hammond SC

  • Maurice Joy

  • Morette Kinsella

  • Maria Lakes

  • Ita Lyster

  • Tom Martyn

  • Veronica Neville

  • Ciara O’Callaghan

  • Jenny Powell

  • Michael P Quinlan

  • Gemma Stack

  • Anne Stephenson

  • Margaret Walsh

  • Canice Walsh

Secretary: Padraic Courtney


Current issues on the Committee's agenda include:

  1. Administration of Capital Acquisitions Tax
    • lengthening the minimum time between valuation date and pay and file date;
    • protection of the solicitor where there are non resident beneficiaries or a personal representative;
    • review of the Inland Revenue Affidavit to make it as user-friendly as possible.
  2. Trusts
    • Confirming the clarification of the procedure in relation to payment of Discretionary Trust Tax (DTT) to include a return to a four month pay and file deadline;
    • review of the forthcoming Trusts and Trustee legislation and Mental Health and Capacity legislation.
  3. Probate Practice Guide
    • The Committee is currently preparing a Probate Law Code of Practice in a similar manner to the Family Law Code of Practice.

Please email any queries to the Committee Secretary, Padraic Courtney