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• Intestacy in Ireland-Extracting a Grant of Administration Intestate
  When a person dies having failed to make a will, he/she is said to have died intestate. This means that his estate will be distributed in accordance with the Succession Act, 1965, part VI. This sets out the rules for distribution on intestacy, the shares of surviving spouses and issue, the shares of parents, brothers, [...] Related posts: Extracting Grants o […]
• Changing Service Providers and TUPE-Does TUPE Apply?
  Whether the change of service providers is covered by the TUPE regulations will depend on the particular facts of the situation. Firstly, it is worth remembering that TUPE covers the transfer of undertakings. To be a transfer of an undertaking it must relate to a stable economic entity whose activity is not limited to performing [...] Related posts: TUPE Reg […]
• Grant of Administration with Will Annexed
  The grant of administration with will annexed is one of many different grants of representation possible in administering the estates of deceased persons. This grant is required where The appointed executor renounces There is no executor appointed in the will The executor appointed does not renounce and refuses to apply for a grant of probate [...] Related p […]
• Extracting Grants of Representation in the Administration of Estates
  There are different types of grants of representation possible, depending on the circumstances (eg testate/intestate) including Grant of probate Grant of administration intestate Grant of administration with will annexed De Bonis Non grants Limited grants Special grants. Extracting a grant of representation allows the administration of the estate of the dece […]
• Children’s Rights under the Succession Act, 1965
  Unlike spouses, children are not entitled to any specific share in a deceased person’s estate. Testate Accordingly, in a testate situation, a child is only entitled to whatever the will of the deceased says. Intestate In an intestate situation a spouse is entitled to two thirds of the estate with the one third going to [...] Related posts: Spouses’ Rights un […]
• Spouses’ Rights under the Succession Act, 1965
  The Succession Act, 1965 protects surviving spouses of deceased persons by affording considerable protection as the Act restricts the right of the testator to leave his/her property to whoever he/she wishes. Section 111 of the Succession Act, 1965 states: 111.—(1) If the testator leaves a spouse and no children, the spouse shall have a right to [...] Related […]
• How to Become an Irish Citizen through Naturalisation
  You acquire Irish citizenship through birth, descent or naturalisation. This piece will look at how to become an Irish citizen through naturalisation which is how a foreign national living in Ireland can become an Irish citizen. All application for Irish citizenship must be approved by the Minister for Justice and Equality. Are you Eligible for [...] Related […]
• The Role, Duties, and Powers of an Executor
  An executor is the person appointed in a will to administer the estate of a deceased person. He/she is entitled to take out a grant of probate to the estate of the deceased. An administrator (administratix if female) extracts a grant in an intestate situation or in a testate situation where the executor has died. [...] Related posts: The Powers of the Gardai […]
• The Family Home in Irish Property Law
  The Family Home Protection Act, 1976 prevents one spouse, in whose sole name the family home was vested, from dealing with the property without the knowledge and/or consent of the non-owning spouse. There is no differentiation between husband or wife and section 3(1) Family Home Protection Act, 1976 states: 3.—(1) Where a spouse, without the prior [...] Rela […]
• Time Limits in Civil Litigation and the Statute of Limitations
  The time limits within which you can bring a civil action in Ireland are set out in the Statute of Limitations, 1957, as amended by the Statute of Limitations (Amendment) Acts, 1991 and 2000. However, other limitation periods are set out in the Civil Liability Act, 1961, the Liability for Defective Products Act 1991 and [...] Related posts: Damages in Civil […]