It will come as no surprise to most people that the relationship between man and wife has been given priority under the Succession Act 1965. The act allows for an automatic right of the spouse to a share of the deceased’s estate upon their death whether or not there is a valid will.

Question 1: I am owed €7,489.00 by a company that is refusing to pay me. Can I wind up the company to get my money?

Invariably in the course of our work, a question will arise as to the distinction between a Mortgage and a Judgment Mortgage.  Most of us in the course of our lives will take out a Mortgage of some value in order to purchase a residence.  This will involve the consent of the Mortgagee (Bank customer) granting a charge over a property in favour of the Mortgager (Bank).  As discussed in previous articles on this page, a Mortgagee will always be advised by their Bank to attend with their Solicitor when completing Mortgage documentation.  The important thing to bear in mind is that the Mortgage Agreement will be entered in to for a period of time and once the monies charged by virtue of the Mortgage Agreement have been redeemed in full, the Mortgage can be cancelled in respect of any legal documentation confirming ownership of the particular property.

The introduction of the Land and Conveyancing Law Reform Act 2009 might have passed most people by without them noticing. The new law is a long overdue overhaul and consolidation of much of the previous existing legislation. While I’m not suggesting that everyone need to go out and buy a copy, (its not great bed time reading anyway) there are a few important changes that could have a real impact on your property.

Irish people are noted for their banter and its fair to say that most of us have given (and taken) our fair share of abuse whether over a tea break or down in our local public house. Being a thick skinned bunch, we normally think nothing of it. Occasionally, however, something is said that is damaging either personally or professionally.

Defamation is the response of the law to two competing interests, namely, the right to free speech on one side and the right of a person to preserve their reputation from unjust attack on the other. To defame someone is essentially to injure that person’s good name.

Not since the Scoil Réalta na Maidine charity town league of 2009 have Ashes caused such a furor around the place, although arguably the ashes from the Icelandic volcano have gotten slightly more international press than the footballing side from Listowel.  For most people the volcanic ash cloud of travel chaos has blown by at this stage.  We do however continue to receive inquiries in relation to “the volcano regulation” and recovering money from air carries for disrupted travel arrangements.  Also, as a new holiday season arrives, travel disruptions are one of the inevitable hazards.  For those whose travel plans do happen to go up in smoke, European Regulation 261/2004 is the best starting point for seeking redress, although there are other avenues available such as claiming under your travel insurance.

31st May to 4th June, 2010

Alzheimer's disease is deterioration in memory and in the person's ability to carry out everyday activities, make decisions, understand information and express themselves. It may also affect a person's mood and personality. There is currently no known cause for Alzheimer's disease and there is no cure for the condition.

The first duty of an executor or administrator, usually called the personal representative, is to safeguard the assets of the deceased person. This can often create difficulty where the deceased was the owner of a business or a farm. If the personal representative cannot do so, a relative will usually take over the running of the business or farm until the it can be transferred to the person entitled or until it is sold. It is important for the personal representative to ascertain that any property is insured. The insurance company should also be informed of the death of the policy holder.

Once the Grant issues from the Probate Office the task of collecting the financial assets can commence. Banks, Credit Unions and Building Societies, will upon the production of the Grant and signed withdrawal forms, pay over the proceeds of the accounts to the personal representative. Company shares held by the deceased can be sold or transferred directly to the beneficiaries.

The recent eruption of Eyjafjallajokull, Iceland’s hitherto unheard of (and unpronounceable) volcano, spewing an ash cloud that caused air travel to grind to a halt has raised important unemployment issues for those affected by the travel chaos. Since the occurrence I have been asked constantly to advise on two issues, firstly, whether an employer is obliged to pay an employee who was absent from work while stranded abroad and, secondly, whether the extra days lost in this way should count towards an employee’s paid holiday allowance.

Much depends on the provisions contained in the employee’s employment contract. While not all employees have formal contracts of employment, every employer is obliged in Law to give written details of the terms and conditions of employment to each employee and failure to do so can cost the employer. If the employment contract does not provide for the payment of wages in the event of an “act of God”, as such has happened here, then there generally is no obligation on an employer to pay an employee during such an absence, unless the employee can still work from abroad with the use, for instance, of computer technology. Generally the employee, to be paid, must be available to work for the employer. An interesting situation arises where the employee finds himself abroad in the course of his employment during such an emergency. He will obviously argue that he would not be in this situation were it not for the fact that he was there for the purposes of his employment. And, again, the vital necessity of a proper contract of employment is highlighted here.

One of the unfortunate side effects of industrialisation and the development of the motor car has been a significant increase in the amount of injuries suffered by people, particularly in road traffic accidents. The law cannot put somebody back into the position they were in before the accident and deals with the difficulty by giving them compensation known as “damages”.

Injuries Board: