Probate and Tax – The Foreign Dimension

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STEP and the Law Society offer this seminar jointly.

The seminar will take place on Monday 21 September 2009 from 2 p.m. to 6 p.m. in the President’s Hall in the Law Society, Blackhall Place, Dublin 7.

The fee is €192 per person. There is a reduced fee for Skillnet/Public Sector bookings of €115.20 per person (a saving of €76.80).

The seminar will count for 3.5 CPD Hours General (by Group Study). The Law Society Seminar code is 09035

During the “boom years”, thousands of Irish people invested in property abroad. In addition, we have had more immigration than ever. These factors can result in difficulties where there is a conflict between two or more jurisdictions. Issues of taxation can also arise and it is important to be able to identify these. This is a growing area of practice and increasingly these matters require careful consideration by practitioners.

This seminar aims, with the help of case studies, to give practitioners an introduction to international succession and tax issues that can arise. It will outline the implications of foreign divorces in Ireland and their acceptance. It will also consider the procedures to follow when extracting a grant of representation with a foreign dimension

Full details of the topics and issues covered are set out below (or see www.lawsociety.ie). A booking form is attached.

TOPICS AND ISSUES COVERED

  1. International Succession Issues: International succession issues – how to determine which jurisdiction has jurisdiction! Are there conflicts of law? Common law v Civil law; Forced heirship; Are moveable assets and immoveable assets treated differently; EU Proposals – Green Paper on Succession law.
  2. Recognition of Foreign Divorce for Probate: How does one obtain probate in an estate where the deceased obtained a foreign divorce; In what circumstances is the foreign divorce recognised by Irish law; What other options are available if the surviving spouse will not co-operate? The impact of the 2000 Regulations; Applicable case law; Practical case study
  3. Grants of Representation with a Foreign Dimension: Powers of the Probate Office; What are the requirements of the Probate Office? Intestacy – moveable and immoveable property – the entitlement to extract the Grant – the requirements for the Affidavit of Law; Foreign wills – validity – the entitlement to extract the Grant – the requirements for the Affidavit of Law; Proving a foreign will – how do you prove a will that has been translated?
  4. Double Taxation: What taxation issues arise where the deceased held foreign assets? Are there double tax agreements dealing with capital acquisitions tax?; Is there double tax relief if tax is suffered in more than one jurisdiction? Practical case study

SPEAKERS:

Madeleina Loughrey- Grant, Farrer & Co Solicitors, London Madeleina specialises in advising on trust, estate planning and taxation issues particularly in the context of offshore planning. She also advises on the creation and operation of trust structures and has also advised on family office structures. Madeleina is qualified in both the Republic of Ireland and England & Wales and spends a significant proportion of time in Ireland developing the Farrer & Co International Private Wealth offering.

Lorna Gallagher B.L., Lorna is a practising barrister specialising in the areas of probate, trusts and taxation. She spent four years lecturing with the Irish Taxation Institute and has been published extensively in the Irish Tax Review. Prior to practising as a barrister she worked as a tax specialist with KPMG.

Annette O’Connell, Probate Office. Annette currently holds the statutory position of Probate Officer with the Courts Service. She was called to the Bar in 1984 and holds the STEP Diploma in Trust and Estate Planning. She lectures and tutors in Probate for the Law Society.

Finola O’Hanlon, O’Hanlon Tax. Finola is a tax solicitor working with O’Hanlon Tax Limited, a firm which advises generally on all tax matters. She is a Fellow of the Irish Taxation Institute, a member of STEP and the DSBA and is a co-author of the Irish Taxation Institute’s Book “The Taxation Of Capital Gains”. Finola regularly lectures and tutors on taxation matters for The Law Society, STEP and the ITI.