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Category: Probate
Today, in Buncrana Circuit Court, on an application by Donal McGuinness BL, instructed by MacBride Conaghan, commonage was sub-divided by Judge John O Hagan in what may be one of the first cases in the County seeking Partition under the 2009 Land Act. With Commonage issues in the news due to worries of financial corrections
There is no reciprocal agreement between the UK Office of the Court of Protection and Ireland ‘s High Court Wards of Court Office regarding UK Lasting Powers of Attorney and Irish Enduring Powers of Attorney. With regard to all foreign Powers, it is a matter for the individual institutions (e.g., the Bank) in this jurisdiction
‘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
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,
Co-habitation now may lead to legal obligations as the newly enacted Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (“the Act”), provides protections for cohabiting couples (same sex or opposite sex) including a redress scheme for financially dependent long term cohabitants on the ending of a relationship, whether by break-up or death.
Neither cohabitants or children have any automatic right to a share of the estate of the deceased cohabitant. A cohabitant is not entitled at law to deal with administering the Estate of their cohabitant. There is an exception, where a cohabitant dies intestate, leaving minor children, who are also the children of the surviving cohabitant.
The ‘Fair Deal’ Nursing Homes Support Scheme provides financial support for people who need long-term nursing home. Under the scheme, the patient makes a contribution towards the cost of care and the State will pay the balance, whether the nursing home is public, private or voluntary. The first step is an application for a Care