This examination will be four hours in length and candidates will be requested to answer three out of four questions in Section A - Probate and three out of four questions in Section B - Taxation. For instance, candidates may be required to provide advice, do calculations or draft a document or an extract from a document.

Section A - Probate

1. Principles governing testate and intestate succession
2. Drafting a Will - Statutory requirements and format
3. Spouses and Children’s rights, relevance of the Status of Children Act and Family Law legislation and actions to disinherit a spouse or a child.
4. Principles and procedures governing the extraction of a Grant of Probate from the initial taking of instructions to final extraction of the grant, including relevant affidavits, forms and applications and procedures - Grant of Probate, Grant of Administration with Will annexed and Grant of Administration Intestate
5. Limited and Special Grants, Grants to Trusts Corporations,
6. Contentious and non-contentious Probate applications, rival applications.
7. Domicile and foreign grants, second and subsequent grants
8. Caveats, citations, subpoenas and petitions
9. Amendment and revocation of grants
10. Valuation of property, Protection of Assets
11. Order of Payment of assets, Distribution, appropriation, joint property, undertaking, costs, accounts and notice periods
12. Taxation implications including income tax and probate tax.

Recommended reading

• Casey, Courtney, O’Connell and Stephenson, Wills, Probate and Estates, 7^th, (2024), OUP.
• Spierin, Wills, Irish Precedents and Drafting, 3^rd, Bloomsbury Professional 2020
• Keating on Probate, 6^th, Round Hall, Sweet & Maxwell (2019)
• Mongey, Probate Practice in a Nutshell, 2^nd, (1998)
• Spierin with Fallon, The Succession Act, 1965 and Related Legislation; A commentary, 6^th, Bloomsbury Professional (2024)

• Dowling, The Irish Probate Practitioners Handbook, Roundhall (2013)

Section B - taxation

The taxation element of the Probate and Taxation examination will consist of four questions out of which candidates will be required to answer three. These questions will cover the areas of CAT, CGT, Stamp Duty, VAT, Income Tax and Corporation Tax. Questions asked will be problem questions involving the application of taxation principles to a given fact scenario.

For instance, candidates might be expected to be able to calculate the CAT due on a gift or inheritance or the CGT due on a disposal. Candidates will be expected to have knowledge of relevant legislation except legislation enacted in the six-month period before the examination.

1. Capital Acquisitions Tax: Capital Acquisitions Tax Consolidation Act, 2003 (as amended) including:
   
   1. Part 1 Definitions, meaning of on a death
   2. Part 2 Gift Tax, liability in respect of joint tenants, disponer in certain connected dispositions
   3. Part 3 Inheritance Tax
   4. Part 4 Sections 26 to 30 inclusive (the value of property for tax)
   5. Part 5 All provisions including discretionary trusts, break-up of settlements, future interests, relief from double aggregation, powers of appointment, powers of recognition and cesser of liabilities
   6. Part 6 Returns and assessments
   7. Part 7 Payment and recovery of tax, Interest and Penalties
   8. Part 8 Appeals
   9. Part 9 Exemptions (including Section 72/73 policies)
   10. Part 10 Reliefs
2. Capital Gains Tax: Basic principles of CGT relating to individuals contained in the Taxes Consolidation Act, 1997 (as amended) including:
   
   1. Part 2 Basic principles
   2. Part 19
   3. Death/Settled property
3. Exemptions and reliefs including the following:
   
   1. Principal private dwelling (section 604)
   2. Family business reliefs (sections 597 - 599)
   3. Compensation and insurance money (section 536)
   4. Development land
   5. Anti-avoidance (sections 549 - 550; section 579; sections 589 - 590)
   6. Transfers of value derived from assets, debts, options (sections 540-543)
   7. CGT relating to conveyancing transactions, trusts and settlements and the break up thereof.
4. Stamp Duty: General principles as contained in the Stamp Duty Consolidation Act, 1999 (as amended) including territoriality, time limits, penalties, adjudication, calculation of duty, exemptions, sub-sales, exchange
   
   1. Heads of Charge (conveyances/transfers on sale, voluntary transfers, leases, mortgages, bonds/covenants)
   2. Anti-avoidance legislation in connection with leases, sub-sales and stocks and securities
   3. Transfers between associated companies
5. Value Added Tax: Sources of VAT law. Advising on VAT audits and its rules (Registration, returns, etc.), and calculating of VAT on acquisitions and disposal relating to:
   
   1. Property transactions, and
   2. Solicitors
6. Income Tax: Basic principles and computation rules. To calculate all sources of income to include all provisions in relation to rents, leases and premiums.
7. General Anti-Avoidance (section 811, Taxes Consolidation Act, 1997)
8. Corporation Tax
   
   1. Basic Principles. 
   2. Accountancy Periods. 
   3. Basis of assessment. 

Recommended reading

• Bohan and Mccarthy, Capital Acquisitions Tax, 4th Ed., (2013), Bloomsbury Professional
• Donegan, et al, Irish Stamp Duty Law, 5^th, (2009), Tottel Publishing
• Power and Scully, The Law and Practice of Irish Stamp Duty, 6^th Ed, Irish Tax Institute (2013)
• Keogan and Scully, The Law of Capital Acquisition Tax Stamp Duty and Local Property Tax: Finance Act 5^th Ed, Irish Tax Institute (2015)
• Irish Tax Institute editions of the following - Taxation Summary, Income Tax,
• Corporation Tax, VAT, CAT, CGT and Stamp Duty.
• Law Society Manual, Capital Taxation for Solicitors 2^nd, OUP, (2012)

Supplemental reading

• Revenue Commissioners, Notes for Guidance Taxes Consolidation Act, 1997, (available on revenue.ie), latest edition.
• E-Briefs and material published on www.revenue.ie.

Statutes

Candidates may bring unmarked copies of the legislation below into the examination.

• Succession Act, 1965 as amended.

• The following Irish Tax Institute (ITI) publications.
• The Direct Tax Acts
• The VAT Consolidation Act 2010
• CAT Consolidation Act and Stamp Duty Consolidation Act

or

• Capital Acquisitions Tax Consolidation Act, 2003 (as amended by subsequent Finance Acts).
• Stamp Duty Consolidation Act, 1999 (as amended by subsequent Finance Acts).
• Value-Added Tax Consolidation Act, 2010 (as amended by subsequent Finance Acts).
• Taxes Consolidation Act, 1997 (as amended by subsequent Finance Acts).