Category: Published Articles

By now no doubt you will all be familiar with the presence of the mobile speed camera on our roads officially called safety cameras. Introduced in late 2010 by An Garda Siochana, they are located generally at various road spots across the country, so the chances are that you will meet one at least once a day on your daily commute. They are operated by trained personnel and their primary aim is to save lives on our roads, by their observance of speed undertaken by Drivers, recognising that inappropriate speed is a major factor in road traffic accidents.

Question: I am a single mother with one child who is 8 months old. I do not have a good relationship with the father of the child. He is not giving me any maintenance and refuses to do so. What can i do here?

Question: If a person dies without having made a Will, does the State have a right to take some or all of the property, because there is no Will there?

Answer: The simple answer is No. The State has no right to the estate of a person who dies without having made a Will, unless off course, it is impossible to find the deceased’s person’s next of Kin. It is only where no next of Kin can be traced that the State can then become the ultimate successor.
Nonetheless , as I have so often stated in this column in previous Articles, it is very important that a person should make his/her Will, so that at least the estate will pass in accordance with the wishes of the deceased and not in the uncertain and haphazard fashion such as under the intestacy(no will) rules.
Where there is no Will, the estate passes to the nearest next of Kin on death and the Rules can be summarised as follows:

1. Where a person dies without having made a Will, and leaving a spouse with no children, the surviving Spouse is entitled to everything;
2. Where a person dies without having made a Will, and leaving a spouse with children, the surviving spouse is entitled to two-thirds of the estate and the remainder to the children in equal shares;
3. Where a person dies without making a Will and leaving children only, all the children are entitled in equal shares taking in to account also children of deceased children;
4. Where a person dies without having made a Will and leaving parents and Brothers and/or sisters surviving,(in other words the deceased was not married for example and had therefore no spouse or children)the parents are entitled to the entire estate as the nearest next of kin;
5. Where a person dies without having made a Will and leaving Brothers and/or sisters surviving (no children or spouse or parent, for example) the Brothers and sisters are entitled to the entire estate in equal shares;
6. Where a person dies without having made a Will and leaving Brothers sisters and children of deceased brother or sister (no spouse, children or parents), the Brothers and sisters are entitled to the entire estate in equal shares and the children of a deceased brother or sister take their parent’s share.

Conclusion

Where there are no surviving spouse, children, parents, brothers or sisters or children of brothers or sisters, the property is divided between the next of kin in equal shares, for example, the nearest blood relation, and in this case it would be cousins. The first cousins initially would be the nearest next of Kin in this situation.
It is only where there are no next of kin that the State steps in as the final successor and all of the property goes to the Minister for Finance. This would be an extremely rare situation as usually next of kin can be traced for everyone.

Question: I am a father of a two year old girl. It was suggested by a friend that I should make an application for guardianship of my daughter. What exactly does that mean?

Question: I want to get a loan to purchase a house. However, about three years ago, I had a problem with a car loan. I have since repaid the debt but it took some time. I now find that my name is in the Irish Credit Bureau. Can I get my name off as it is causing problems for me securing my loan?

PROPERTY RIGHTS AND OTHER RIGHTS MAY NOW BE AVAILABLE FOR UNMARRIED COUPLES WHO CEASE TO LIVE TOGETHER UNDER A NEW ACT.

Question: I am living with my boyfriend for the past two years approximately in a house owned by him. We are in a committed relationship but I do not wish to get married at this point in time. What difference does the new Act called the Civil Liability Act make to our situation?

Question: I am married to a man who is physically violent with me at times and I do not feel safe in my home. I have been told I should get a Barring Order. What does that entail?

Question: Could you tell me generally what is the duty owed by a landowner to somebody who comes in uninvited to your land and then sustains an injury there?

Question: I am a thirty two year old man. I am engaged to be married. I farm 130 acres of land, which was transferred by my parents to me four years ago. Although i do not anticipate that my future wife and i will separate , i am wondering if there is some way i can protect the family farm in the unlucky event that our marriage does break down.could this be done by means of a pre-nuptial agreement and if so, what is involved in it?

Question: I am considering leaving my husband. We have been married many years. All our children have been provided for. What options in terms of a separation are available to me.