FAQ - Kelly & Griffin

Your Questions Answered

What is ARD?

ADR stands for Alternative Dispute Resolution Traditionally disputes between parties require a Court case in the Civil Courts and a determination by a Judge. ADR encompasses a number of different modes of dispute resolution which may be of benefit such as Mediation.

What is a Personal Injury Claim?

Personal Injury A personal injury claim can arise out of a road traffic accident, an accident at work, an accident in a public place, an accident on holiday, a claim made by a minor child by their parent or guardian, a fatal injury in which a loved one dies as a result of an accident or negligence of a third party, a medical negligence injury as a result of neglect of a duty of care owed to a patient or a motor accident where the driver is uninsured.

What is Conveyancing?

Conveyancing is the term denoting the legal aspects of property rights. It commonly describes the legal work involved in property transactions, sales, purchases, mortgages, rights of way and other easements, leases and licences.

What is an Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is a safety net. An Enduring Power of Attorney is an important legal document which allows a person to put provisions in place should they later lose their mental faculties by way of stroke, Alzheimer’s disease or otherwise. An Enduring Power of Attorney only has legal effect when registered after a person is no longer able to manage their own affairs. There are rigorous safe guards in place to prevent abuse of an Enduring Power of Attorney including the need for two notice parties and a certificate from a doctor and a solicitor.

Tell me about Joint Ownership of Property

Property can be owned by two people in both of their names either as “joint tenants” or as “tenants in common”. If property is owned as “joint tenants” then on the death of one the property automatically passes to the survivor and it does not fall to be administered in accordance with a Will. If property is held in one name it is possible to create a Joint Tenancy by a transfer from one party to joint ownership. It is quite simple to transfer property into joint names. No taxes (Stamp Duty, Capital Gains Tax of Gift tax) are payable for a transfer between spouses.

Why make a Will?

Making a Will is a simple and relatively inexpensive thing to do. It is important that anybody with young children make a Will in order that legal guardians can be appointed in the event of a fatality. Regardless of age anybody who owns property should have a Will.

Tell me about Legal Costs

Legal Costs are what you are liable to pay for legal advice, legal representation and any items your solicitor pays out on your behalf during the course of a legal matter. Solicitors are legally obliged to give clients written details of their legal fees and legal costs (Section 68 of the Solicitors Amendment Act 1994). *In contentious business a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

What is Probate?

Probate means proving a Will and can be done using the services of a Solicitor or by direct Application to the Probate Office. A Grant of Probate gives legal authority to the Executor to administer the estate of a deceased person.

As the Will only has legal effect when a person passes away the proving of a Will is an important process to verify the validity of a Will. Probate is also used to describe the administration of an Estate. The steps include the gathering of information, establishing the assets and liabilities of the Estate; dealing with ongoing issues, such as the running of a business, the insurance of property and so on. Formal returns must be made to the Revenue Commissioners to vouch the value of the estate. Documents must then be lodged with the Probate Office to apply for the Grant of Probate itself.

If there is no Will?

In circumstances where a person dies without a valid Will their estate is administered in accordance with the provisions contained in the Succession Act. It is necessary to apply for what are called Letters of Administration Intestate from the Probate Office if there are valuable assets.

What do i need to know about Company Law?

A Company is a separate legal entity. The existence and operation of all companies is governed by Company Law. To determine the rights and obligations of directors and shareholders and third parties in relation to a company requires an examination of Company Law. A person will have separate legal rights and obligations as a Director, Shareholder and Employee of a Company.

What is The Statute of Limitations?

The Statute of Limitations is legislation that sets the time limits within which court action must be taken failing which valuable legal rights can be lost. If a person takes a claim outside the relevant limitation period it will be statute barred.

What is the Injuries Board?

The Injuries Board is a statutory body set up by the Personal Injuries Assessment Board Act of 2003 and its function is to furnish assessments of compensation claims in respect of personal injury accidents.

What is Commercial Agreements?

Commercial Agreements are important legal documents and set out the rights of each party to the business arrangement in question. All commercial agreements should be carefully drafted and carefully reviewed and should not be signed unless they are clearly understood.

What is Family Law?

The rights of married persons, and their children, are governed by Family Law. Where marital difficulties arise it is prudent to seek legal advice early. Solicitors are required to advise parties contemplating Court Proceedings to consider reconciliation and/ or counselling. Rights in relation to property, maintenance and financial provisions are determined by a Court Order or a formal separation agreement. Any arrangements regarding pensions require a Court Order. The main guiding principle is “proper provision” for the parties. Rights in relation to the welfare of children including custody and access are at all times determined with the child’s best interest being paramount.

Before applying for a Divorce a married couple must be living apart for four of the previous five years. Before applying for a Judicial Separation no normal marital relationship can have existed between the parties for at least one year (there are some exceptions).

What is Collaborative Law?

Collaborative Law is a legal approach whereby the parties and their Solicitors work with each other to find solutions to problems as opposed to the traditional model where clients are in confrontation with each other.

What is Mediation?

Mediation is a form of Alternative Dispute Resolution (ADR). Its purpose is to enable parties resolve their dispute without a final decision being imposed by a Judge or Arbitrator.

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