Family & Probate Law: Bridging Reform and Practice

Probate Presentations:
‘Common Queries and Issues and Applications with Foreign Domicile’

Goal: To brief solicitors on current and forthcoming procedural and digital reforms within the Probate Registry, and to provide best-practice guidance on compliance and client advice.

Introduction & Objectives

• Outline of recent and upcoming reform trends in the Probate Registry
• Importance of aligning practice with operational changes

New Notice of Probate Form – Mandatory Use

• Sole acceptance of the new format from 18 October 2024
• Frequent rejection reasons and how to avoid them
• Updating templates in practice
• Using a checklist approach before submission

Procedural Clarifications & Powers of the High Court Probate Officer

• Enhanced guidance from recent Law Society/STEP sessions
• The role and authority of the High Court Probate Officer
• Managing rival, foreign-domicile, and unusual applications
• Drafting strategies for contested or complex applications

Closing Summary

• Recap of key transition deadlines and risk areas
• Encouragement to review and update internal workflows

‘Will Amendments, Variation & Case Law – Risk & Opportunity in Probate Practice’

Goal: To strengthen solicitor awareness in relation to the requirements regarding will amendments, the use of deeds of variation, and recent case law affecting estate administration duties.

Introduction & Objectives

• Relevance of these developments for estate planning and administration
• Increasing litigation risk due to informal practices

Informal Amendments and Codicils – Legal Requirements Reaffirmed

• Requirements under s.78 of the Succession Act 1965
• Importance of strict compliance in handwriting, signature, and witnessing
• Promoting timely formal codicils

Deeds of Variation – Strategic Use Post-Death

• Two-year rule – CGT (capital gains tax)
• Tax planning and estate redistribution
• When a deed of variation can replace contentious litigation
• Revenue considerations and filing obligations

Case Law Focus – Executors and Fiduciary Duties

Key case: In the Matter of the Estate of Francis Fallon (Deceased) – [2025] IECA 79

Closing Summary

• Reinforce formality in testamentary matters
• Avoidance of litigation through proper estate planning tools
• Avoidance of litigation through proper estate planning tools

Family Law Presentations:
‘Family Law Reform in Motion: Structural, Procedural & Digital Changes’

Goal: To equip solicitors with a working understanding of the Family Courts Act 2024, new procedures, and the digital shift in family law administration.

Setting the Context

• Introduction to the scope and pace of recent reforms.
• Family law as a priority area in justice reform (quoting Keith Walsh SC: “the biggest change to Ireland’s court system for over a century”).

The Family Courts Act 2024: Structural Overhaul

• Status: Signed November 2024, not yet commenced.

New District Court Family Law Forms

• Effective 3 June 2025 – mandatory for:
  • Domestic violence
  • Maintenance applications and arrears
  • Guardianship, custody, access

Family Law Portal Pilot

• Started 22 April 2025 in Dublin Circuit Court (expanding on Cavan/Midlands).
• Key functions & what this means for solicitors?

Procedural Trends & Transition Planning

• Electronic filings, streamlined processes and integration with mediation & ADR structures.

‘Evolution of Family Law’

The evolution of family law in Ireland over the past 15 years – a practitioners perspective.
Context: a guide to the development of family law in last 50 years through legislation, caselaw and constitutional change.

• The problem with proper provision
• Some reforms needed
• Child and Family Relationships Act, 2015
  – Rolls Royce system with mini metro budget
• Cohabitation Law – who is a cohabitant
• Separation Agreements, Pre-Nuptial Agreements and Cohabitation
• Agreements– looking back and looking forward.
  The Domestic Violence Act 2018
• The Family Courts Act 2024 – Practice & Procedure
  Implications under the new regime
• Conclusions