Waiting for a Phone Call, Listening to Enda, my Grandson Toes and a Red HairDryer

Image by Tom Szustek via Flickr

Today has been a frustrating day. Started off fairly well, as well as could be expected. Yet another sleepless night worrying about the kids, the dog, my mother and a couple of clients who I feel really sorry for. Then the phone call I’m awaiting, well hoping for really.

The day started with me listening to Newstalk Morning News. Maybe it was just the sound of Enda Kenny’s voice declaring that he hadn’t lied to the electorate when he said he was going to protect and maintain the services of a Hospital prior to the General Election. He hasn’t, and has now ‘seen the light’ and realised he can’t fulfil his election promises. Nothing new there you might say. Well, what was the purpose of the original statement? If it was to ensure that he and his Party got elected then things would make sense. Because now, we’re told that Hospitals are unsafe and we need to go to the Major Hospitals for care. The problem is compounded as we’re now told by the Doctors that the major hospitals are unsafe. I’m sure, like me, you are fed up with Spin and the absolute nonsense we’re expected to believe. On the facts today it seems that all the Medical Negligence cases we have Must Succeed as quite clearly today… all hospitals are unsafe, according to Enda Kenny, our Fine Gael Taoiseach. If only life was as straight forward as that. Listen, Enda lied to get elected. That’s the story. No more, no less.

So, angry and frustrated I head into the shower. Lovely moments alone, with the sound of the water caressing you for those few minutes. Maybe after Enda’s Government start rationing water, charging us enormous amounts to actually use the water.. I’ll have to take a quick shower. To think that we’re a small island surrounded by water ! The loss of my only morning pleasure will be a sad day. Maybe I could give the dogs half a bowl of water instead of two. That would conserve some water… or maybe that would be cruel. Will the Minister make a Doggies allowance for us? Will he hell.

It’s now mid morning. All my calls, bar one, have rung out. I’ve left message after message but so far, nobody has phoned me back. No, after checking, it is indeed A.M. not P.M. and it is a weekday, not the weekend or indeed a Public Holiday. What to do. Sure maybe I’ll write this weeks Blog. Yes I’ll do that.. Wait, a phone call for me. Great, ‘Hello Tom Baldwin, who am I speaking to?’ Oh no, ‘I don’t want to talk to you ! No, my computer is fine. No, no …’ While I try to be civil to this foreign gentleman, I end up telling him to ‘Feck Off’ and slam the phone down. Maybe that will have the effect of me being deleted from their database. Wait, was that the guy or was that in fact my Bank? Now, I’m not sure. After some moments I decide that it could have been the Bank. Well, if so, I gave them the right answer.

Nearing lunchtime, I’m home and sitting down working on research for my Blog. Then, at the door I hear a shriek.., ‘Aarsse’. I know that sound. It’s Toes, my grandson, coming to visit me. So, off to play then. After lunch it’s clear said Grandson is getting narky. I ask him if he wants to go to bed? Shake of the head indicates No. I’m not convinced. Are you sure I ask him. Same response. After some time playing with the Dogs and the Parrots I ask again, as I’m unconvinced that he is sufficiently alert to last the afternoon. So, upstairs to bed, turn on Daughter No.2’s Red Hairdryer and put Toes to bed. As I lay on the single bed beside him I start to feel guilty as I wave to him. Hold on, he’s dropping off. Yes, result ! Problem is that I’m doing the same. OK, back to the computer. I wonder will any of those gentlemen and ladies of my esteemed profession actually return any of my calls ??  Well, I suppose, I can only live in hope…..

LegalEagleStar  Tuesday , 12th. July , 2011.

WHERE THERE’S A WILL ….THERE’S LIKELY TO BE A DISPUTE !!!

Image by The U.S. National Archives via Flickr

Wills can often be contentious leaving someone unhappy about the outcome.

I have experienced many cases of this arising and a belief that the person making the Will has been got at, or that someone has exerted undue influence on that person. While most people are fairly shrewd when it comes to making a Will, there are others who are vulnerable and can be pressurised.  Solicitors should in general be vigilant in this regard and unfortunately, this is not always the case.

I remember the story of a very nice old lady who assured lots of different people that she had put them in her Will, perhaps in the hope that they would help her in her old age.  She did indeed put them in her Will, at one stage or another, but as they fell out of favour, or failed to look after her, she had them removed from her Will by making a new Will.  Needless to say, when her final Will was produced there were a lot of disappointed Beneficiaries and a feeling that the old lady had been got at to change her Will – which was not in fact the case. I always say that the fact that someone is unhappy with a Will is not  grounds for challenging it,  but some people will try anything in this regard, in particularly if they are to benefit significantly if the Will is set aside.

One case I recall relates to a relation who, if the story is to be believed, was so good to the deceased that it would bring tears to your eyes and who went on to claim that when the deceased made the Will – which strangely left the claimant out – she was so distressed at the passing away of another close relation at the time that she did not know what she was doing. It was only when a previous Will was produced, which had also strangely enough left out the claimant, that the case was dropped !!

Other people are suspicious when a Will is changed just before a person has passed away. However this does not necessarily mean that there was undue influence exercised or that they were pressurised by a third party. In many cases, if a person becomes aware of their impending death, this directs the mind and gives them cause to reflect. Of course, if that person is not capable of understanding what they are doing, then the Will should not be made. In the case of there being any doubt, then confirmation as to soundness of mind should be sought from the Doctor treating that  person.

In relation to elderly people there is a high duty of care on the Solicitor drafting the Will to ensure that the person is of sound disposing mind and is not being unduly influenced or pressurised into doing something they don’t want to do. In a number of cases I have refused to act if I am suspicious of the circumstances. In one case that comes to mind, I remember a daughter who brought her elderly mother along to make a Will but was not happy with the fact that I was insisting of taking instructions from the mother on her own. She informed me that she was  taking her mother to a proper Solicitor – presumably one who would let the daughter run the show !!

Many times I will get a phone call from a third party telling me that another party wants to make a Will and then going on to say what that person wants to put in it ! In those circumstances, I have to patiently explain to them that I cannot take instructions from them and that the request for the making of the Will must come from the person who wants to make it.  I will also insist on taking instructions from that person on their own  – except in the case of a husband and wife coming in together.  I am always suspicious of someone who hands me a sheet of paper drawn up by someone else.

I would hope that all of my colleagues would be diligent and follow the correct procedures in making Wills. In appropriate cases they should be brave enough to refuse to draw up a Will if they are not satisfied, or are suspicious that all is not well.  Sadly this is not always the case.

 

LegalEagleStar  , Wednesday , 6th. July 2011.