LegalEagleStar

… a kind of Legal Column

Posts Tagged ‘Republic of Ireland

My Late Mother’s Original Will is Missing. Should I be worried ?

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Question from a recent caller.

My mother has recently passed away. I know that she made a will as I have been given a copy of same by the Solicitor who made the will. That Solicitor said that my mother took up the original will but I do not know where it is. What can be done?

In the first instance a thorough search should be made among her papers to see if the original will can be located. You should also check with her bank and with any other Solicitor whom she may have used.

If the will still cannot be located,then it would be as well to consult a Solicitor as an application to the Probate Court for a determination may be required.

That Solicitor will make further and extensive enquiries and may put a notice in the Law Society Gazette to see if any other firm of Solicitors has the original will where it may have been subsequently deposited or knowledge as to its whereabouts.

If the original will cannot be traced,then the question will arise as to whether or not the original will was destroyed by your late mother with the intention of revoking same. If it  was held by her and no one can confirm that it was still in existence after her death ,then there is a presumption that she intended to destroy sameanimo revocandi – unless evidence to the contrary can be produced, although the presumption may be difficult to overcome. If for example, it could be shown that the will was destroyed by accident or if it could be established that your mother did not have the capacity to revoke it during the period when it was in her custody, it may be possible to prove the will on foot of a copy thereof.

Incidentally the presumption of destruction  animo revocandi  does not apply where a will goes missing in a Solicitors office where evidence can be adduced to explain the situation.

If the presumption of revocation cannot be rebutted and she did not make a previous will, she may be deemed to have died intestate or alternatively a previous will made by her may come into effect. It would be as well to get a determination from the Probate Court as to whether or not the will can be proved on foot of the copy and if not as to what is to happen.

I’d like to acknowledge the contribution of Michael O’Dwyer, Solicitor with Early & Baldwin Law Firm for his contribution to this article.

LegalEagleStar , Thursday , 26th. July , 2012 .

Written by LegalEagleStar

July 26, 2012 at 4:04 pm

The Spirit of the Irish. C’mon you Boys in Green.

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English: Ireland v Algeria

English: Ireland v Algeria (Photo credit: Wikipedia)

Giovanni Trapattoni

Giovanni Trapattoni (Photo credit: PanARMENIAN_Photo)

Sunday evening will be remembered in Ireland, not as the Start of our Euro Campaign but as a disaster for the Nation. The flags, bunting and suchlike that adorned our houses and streets, even the wing mirror covers in Green, White and Orange. looked rather sad on Sunday evening in contrast to earlier in the day when they signalled a sense of hope. Even our stalwart commentators and experts, Johnny Giles and Eamon Dunphy looked sad and somewhat lost.

Come Monday morning the first light of hope emerged. Sure if we beat Spain and Italy we’ll progress from the Group and lift our spirits again. Was this wishful thinking or indeed a sign of a resurgent Nation? The realists will tell us that Spain are unbeatable as they are current World and European Champions. And Italy, well they are Italy, need we say any more. The man in the street though has an inkling…a little hope where hope seems lost. Yes, we’ll do the business. Sure isn’t it only eleven v. eleven and don’t we have  Trapattoni on the bench, a General if ever one was needed.

The Spirit of the Irish is something that has taken a trashing over the last few years. The Germans, French in more ways than one ( remember the hand of God !) and other monsters has conspired to put us on the rack, with a great deal of help from our native politicians who have sold out our sovereignty to the mighty Europeans who we now face in Poland/Ukraine. The spirit of the Irish has a ‘never say die ‘ attitude and as long as we have faith, however misplaced, we will continue to face the most uphill battles with a sense of National Pride.

I will be watching the Spanish game in the Irish Club in Chorlton, Manchester this Thursday as a guest of a fellow lawyer and nothing short of  a victory will satisfy our hunger. The Spirit of the Irish will be on display for all to see at home and across the planet and when we win, even draw, sure that’s a victory…we’ll be looking forward to ‘Trap’ planning the destruction of his native Italy in the days to follow.  Of course, if all goes belly up we can follow the fortunes of England who always provide us with a great deal of entertainment, even if in a negative manner.

C’mon the Boys in Green !!

LegalEagleStar , Tuesday , 12th. June , 2012

Northern motor is suspect

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Q   Some months ago I purchased a new car in the North of Ireland at a greatly reduced price I might add

I have been told by some friends that it is only a matter of time before I am caught and that I will be in grave trouble then.

What do you think I should do?

A  Immediately report to the Customs and Excise people as you are at present walking a tightrope, that is if you are a citizen and resident in the Republic of Ireland.

The Customs and Excise will determine the rate of import duty payable by you.  The newer the vehicle the higher the rate of tax payable.  Bring with you all necessary documentation i.e. proof of ownership, purchase docket etc.       Good luck.

THE  STAR,  Friday  January 5,  1990

Written by LegalEagleStar

December 29, 2010 at 4:17 pm

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