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  FAMILY LAW :::
By making a Will you can decide what has become of your property when you die.
If you die without making a Will your property will be distributed in accordance with
the intestacy provisions
of the Succession Act, 1965.
That distribution may not be what you wish or expect and it could give rise to unnecessary Inheritance Tax having to be paid by your next of kin.
Don’t leave it to chance, take proper advice and make your arrangements now.
We can help organise a Will that suits your circumstances.
Parents need to provide for their children in the event of both parents dying before the children reach 18.
You may be a childless single person whose closest relatives will be faced with unnecessary large Capital Tax bills that could be lawfully reduced by careful planning by the spreading of benefits.
After death, we can take charge of extracting a Grant of Probate of Administration.
We will complete the Affidavit for Revenue, arrange payment of any probate tax if appropriate, and make application for the Grant to enable the Executor or the Next of Kin to deal with the estate in accordance with law.
We will prepare inheritance tax returns for the Revenue and will obtain necessary Certificates of Discharge to enable Executors to deal with a purchaser of the property.
We will attend to the important matter of placing the title to the property and the people lawfully entitled to it.
The following are some of the areas we can provide you with advice and assistance.
Separation Agreements
Person who have been married, separated momentarily or entered into what is called a Separation Agreement.
This is a legally binding Agreement or Contract and the parties can deal with matters such as custody of their children, access to their children, maintenance in respect of the children and/or dependant spouse, division of property and succession rights.
However the parties are not free to deal with any matters in relation to pension rights or any entitlement they may have to the estranged spouses pension on retirement.
This has to be agreed between the husband and the wife on all terms before a Separation Agreement can finally be signed.
JUDICIAL SEPARATION.
When the parties cannot reach agreement however they can applied to the Court for an Order of Judicial Separation. The Court is then free to make Orders in relation to custody, access, maintenance, property rights and succession rights. The Court will also have the right to make what is known as a Pension Adjustment Order which gives one spouse an entitlement to a share in the other spouses pension on retirement.
DIVORCE
With the instruction of the Divorce Act, 1995 it came possible for estranged spouses to now obtain a divorce provided that the parties live apart for 4 of the previous 5 years.
Again, while in Court various Orders can be made to deal with custody, access, maintenance, division of property rights, succession rights, and Pension Adjustment Order. |
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