Author: Geraldine

Insolvency Debt settlement arrangements

Debt settlement arrangements (DSAs) are available under the new Personal Insolvency Act to debtors with unsecured creditors over €20,000.   Section 49 of the act provides that the debtor must apply in writing to a personal insolvency practitioner including details of his financial affairs. Following receipt of this information, the personal insolvency practitioner shall hold

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Insolvency Debt relief notices

One of the new non-judicial resolution processes introduce by the Personal Insolvency Act is the debt relief notice (DRN). This only applies where a debtor has qualifying debts that amount to €20,000 or less.  To be eligible for a DRN, the debtor must have a net disposable income of less than €60 per month, assets

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Ostrich approach to Dealing with Debt:

The Ostrich approach does not work when dealing with debt. Problems will get worse if you do nothing. Burying your head in the sand will only end up with more costly action being taken.  Engage with the creditor as soon as you can no longer meet repayments, don’t wait until the matter is passed over

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Protect your Rights of Way by Registration

The 2009 Land and Conveyancing Law Reform Act changed the law in respect of  unregistered rights of way, in providing that they now could be registered, but included a deadline to do so within 3 years (from December 2009) or be obliged to wait a further 12 years. Following representations by rural practitioners through the

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COHABITING SIBLINGS

Siblings are NOT treated as cohabitants under the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. This Act is the first legal recognition for same sex couples in Ireland, extending ‘spousal’ benefits to gay and lesbian couples in areas of property, social welfare, succession, maintenance, pensions and tax. While it also offers additional rights and

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‘Common Law’ spouses & Inheritance

‘Common Law’ spouses & Inheritance issues for unmarried couples, or cohabitant: The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (“the Act”), in force since 1st January 2011, as obvious from its title introduced the new legal concept of ‘cohabitant’ for those couples living together; It is the first step in protecting

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‘GAY’ RIGHTS

‘GAY’  RIGHTS are FINALLY RECOGNISED, by the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (“the Act”), enacted 1st January 2011. The most important practical advantage is the right to enter into a civil partnership, thus giving same sex civil partners ‘spousal’ inheritance rights. On registration of a civil partnership,  same sex

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Additional 10 Common MISTAKES in Will drafting

Not telling people where your Will is located – they are often never found, or an old Will is thought to be current Not making provision for the division of the residue of the estate, including gifts that fail. You may believe you have dealt with all your property but if a beneficiary predeceases you,

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WHO SHOULD MAKE A WILL?

If you are over 18, (or if married, over 16) and have property or children, you should make a Will. A Will is the record of your wishes in respect of how you want your affairs dealt with and who you want to inherit all your worldly goods (your estate). It must be considered on

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Compulsory registration of Title

Title registration with the Property Registry Authority PRA (the Land Registry) is now compulsory for Donegal. Most of the rural land in Donegal is already registered which means that the deeds are filed in the Registry and all relevant particulars pertaining to the property and its ownership are entered on folios. In conjunction with folios,

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