9AM – 12PM - 4 Regulatory CPD Hours (including 1 online)
1PM – 5:15PM - 4 General CPD Hours

Regulation: What Every Practitioner Needs to Know (9AM -12PM)

The CPD Regulations require that every solicitor who is a sole practitioner or a compliance partner and /or anti- money laundering compliance partner now has a CPD requirement which includes a minimum of three hours regulatory matters at least two of which shall be accounting and anti-money laundering compliance matters.

Chaired by Paul Keane, Managing Partner, Reddy Charlton Solicitors
This seminar will address the following key areas: 

Solicitors Accounts Regulations 2014: What the Obligations Require
David Rowe, Chartered Accountant
  • The essentials of the Solicitors Accounts Regulations
  • What the Law Society Investigating Accountants look for in routine Inspections
  • Areas where firms frequently fall short on compliance
  • Proposed new Regulations- looking forward
  •  Practical tips to make sure that you are fully compliant 
Data Protection and GDPR: Be Aware and Prepare: The New Reality for your Practice
Anne-Marie Bohan, Partner, Technology and Innovation, Matheson
The General Data Protection Regulation (the “GDPR”) will come into effect on 25 May 2018, and will be directly effective in each EU member state, with the aim that the same rules will be applied uniformly within the EU. It is unquestionably one of the most important pieces of EU legislation in the digital era. The changes introduced will have fundamental and far –reaching implications for solicitors’ practices. 
The period between now and 25 May 2018 is the de facto transition period, during which it is imperative that you assess your current approach to data protection, undertake a gap analysis between that current approach and the requirements under the GDPR, and implement any changes and improvements which are required to achieve demonstrable compliance with those GDPR requirements. 
The GDPR will introduce much tougher sanctions for breach, modelled on existing sanctions for breach of competition law, with maximum penalties for intentional or negligent breaches of up to EUR 20 million or 4% of an undertaking’s annual worldwide turnover. Accordingly, you will need to consider and understand the implications for your practice. 
This seminar will analyse the principles of the GDPR and their practical application in your practice. It will provide practical guidance on avoiding potential problems and pitfalls. It will also provide you with a checklist of the issues to be considered and addressed to achieve compliance with the GDPR.
Topics covered will include:
  • A consideration of data privacy “by design and by default” and associated security standards
  • How processing can be legitimised, including limitations on the use of consent
  • What accountability means under the GDPR
  • Transparency requirements under the GDPR
  • The additional focus on processing arrangements and records, and additional requirements for processing contracts
  • Restrictions on transfers abroad
  • When privacy impact assessments are required and what that means
  • When a data protection officer will be required
  •  The new mandatory breach notification obligations: Is there an obligation to notify clients of the breach in “high risk” cases?
  • The extension and clarification of individual rights under the GDPR, including data portability and the “right to be forgotten”: Can clients now require your firm to erase personal data about them without undue delay? 
  • What problems is this likely to post for practitioners bearing in mind the requirement to retain such records as are necessary for the maintenance of files and your responsibilities to the Law Society, the Revenue Commissioners and your clients? 
  • The enforcement regime and the potential implications of breach of the GDPR
     
Anti–Money laundering (Online Hour)
Dara Robinson, Sheehan and Partners Solicitors
The managing of transactional work and anti-money laundering risks is one of the key challenges of running a solicitor’s practice. This section of the course will provide practitioners with a comprehensive overview of the practical issues likely to be encountered. It is designed to raise your awareness of your obligations under the legislation and to provide you with the necessary framework to implement the appropriate procedures and policies 
  • The elements of the offence of money laundering
  • Section 19 of the Criminal Justice Act 2011: reporting obligations and the impact of privilege, if any
  • Asset freezing /unfreezing
  • How solicitors can limit their risk of becoming unwittingly involved
  • Indicators of suspicion
  • How solicitors can identify, assess and mitigate risk
  • Ongoing monitoring
  • A practical guide to best practice
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Probate Practice: A Practical Guide To Recent Developments (1PM-5:15PM)

There have been significant developments in Probate Practice in recent times. These have fundamental and far–reaching implications for practitioners. The object of this seminar is to highlight such changes and to assess their practical importance in day to day practice.


Chaired by Nuala Casey, Solicitor

The matters to be addressed include the following:

The “Fair Deal Scheme”: Pitfalls for Probate Practitioners
Maria Dillon, Solicitor

The “Fair Deal Scheme” provided for in the Nursing Home Support Scheme Act, 2009 has significant implications for Probate practitioners. A successful application for “ancillary state support” results in the creation of a charging order against the applicant’s property. It is repayable on the occurrence of a “relevant event” most frequently on the death of the applicant. This section of the seminar is will provide a practical guide to the problems and pitfalls which are likely to occur.
  • Who can apply for “ancillary state support” if the applicant has reduced capacity or is unable to complete an application?
  • What are the implications for a person who fails to disclose or makes a mis-statement in relation to the value of assets or income?
  • What events trigger a review or re-valuation of an asset by the HSE?
  • The applicable levy for a principal private dwelling-house
  • Does the principal private dwelling-house cease to be a “relevant asset” if the person has availed of ancillary State Support for three years?
  • What happens if the person sells the principal private dwelling-house before the expiry of the three year period?
  • In what circumstances, will the cap apply to farmlands or businesses?
  • Postponement of house sale: Where the resident who is benefiting from the scheme dies, will the HSE sell the house if it is the only asset but is occupied by another family member?
  • Can the sale of the house be avoided if there are other assets in the estate which can meet the liability?
  • Does the legislation require the Personal Representative to submit a schedule of assets?
  • Can the Personal Representative be held primarily accountable for repayment of “ancillary state support”?
  • What is the time limit within which “ancillary state support” must be repaid?
  • What are “transferred assets”?
The changes to the definition of “transferred assets” introduced by section 7 of the Health (General Practitioner Service) Act 2014
Issues Arising on Registration of Enduring Powers of Attorney
Margaret Walsh, Solicitor

 
  • The most frequent queries raised by the Registrar as to the content and service of the Enduring Power of Attorney
  • Objections to the proposed Attorney by third parties
  • Attorneys appointed to act jointly or severally and difficulties arising in these respective circumstances
  • A review of recent case law
Taxation Issues: Tips and Traps
Michelle McLoughlin, Solicitor

No one likes to have to pay taxes. However, if taxes must be paid practitioners ought to seek to claim all available reliefs. Taxation should be discussed with clients when they are deciding to make a gift or leave a bequest so that they are aware of the possible taxation implications for the beneficiary. All available reliefs and the related conditions should be considered to ascertain if they can be availed of so that property can be transferred as tax efficiently as possible.
A general overview of the main reliefs and some areas to watch out for:
  • Agricultural relief
    • Can your client meet the asset test?
    • Is your client an active farmer?
    • What triggers a clawback of relief?
 
  • Business relief
    • What is relevant business property?
    • Is the disponer holding test satisfied?
    • Do shares qualify for business relief?
 
  • Dwellinghouse relief
  • Post 25 December 2016, do any gifts qualify?
  • What conditions must be satisfied to qualify for dwelling-house relief
 
  • Claiming a credit for Capital Gains Tax against CAT
    • Why do you need to be careful in the two years post claiming this credit?
 
  • Transferring property within 3 years of receiving it as a gift – issues to consider
     
  • Breakup of a fixed trust during the lifetime of the life tenant:
  • Consequences for the remainder person
A Review of Recent Case Law
Mark Tottenham, Barrister-at-Law

 
  • Claims against the estate of the deceased and the two year limitation period in section 9 of the Civil Liability Act 1961: Can a cause of action accrue without demand being made and thus be regarded as subsisting at the date of death and subject to the limitation period provided for in section 9? : Allied Irish Bank V Pollock
  • Testamentary Capacity: A legal or a medical test? : Laaser V Earls
  • Non- Revocation of an Irish will and four codicils by a subsequent home -made will made in England: Admissibility of extrinsic evidence to “fully understand and construe the testamentary intentions of the testator”: In the Estate of William Joseph Courtney
  • What principles are applied by a court in construing a will where there is a disputed bequest? : Mullen V Mullen
  • Negligence and Breach of duty of an executor in administering an estate: Can an executor be held liable for any devaluation in the lands bequeathed to beneficiaries under a will? Shaughnessy V Shaughnessy
  • The inter-relationship between section 50 of the Succession Act 1965 and the fiduciary duties of personal representatives: What is the extent of the protection for personal representatives in section 50 and when can this be ousted? : Doyle V White 
  • Drafting a will which contains a “provisional or limiting clause”: traps for the unwary:
    Corrigan V Corrigan
  • Where a bequest consists of a fee simple which is “to be automatically determined by the happening of a certain event” must that event be ascertainable from the beginning, precisely and distinctly”? What happens if it is not? : Corrigan V Corrigan