The Vexed Question of Inheritance and the Law
Issue: A farmer dies intestate, competing claims against the estate. An alleged son extracts the Grant of Administration, becoming the sole beneficiary, registered owner of the lands and entitled to be registered over further lands which the deceased was bequeathed. The deceased family acted belatedly but eventually sought legal advice.
DNA testing was required, tissue samples were obtained from a post-mortem eight years previously avoiding exhumation of the deceased’s remains. The results confirmed the alleged son was not biologically related to the deceased, a court application to revoke the Grant was made, application to amend the Register of Births and further application to change ownership in the Land Registry.
Personal Injuries in the Workplace
Settlement of workplace related Personal Injuries Case to include damages for pain and suffering, provision for medical expenses and loss of earnings into the future.
Returning from living abroad, are you fully insured to drive?
Issue: Irish National returns from living abroad, is involved in a Road Traffic Accident and his insurer refuses indemnity resulting in a liability to the client for his own damage and third-party damage.
Refusal of indemnity was on the basis the driver was driving on a licence not issued by a recognised state for in excess of 12 months and was required to take the theory test, the required amount of lessons and be accompanied by an qualified driver pending obtaining a full Irish Licence. Luckily, he had not been 185 days in the previous calendar years in Ireland and was therefore not normally resident and entitled to an Irish licence. Following representations made the Insurer did confirm indemnity.
Vulture Funds and a Land Grab.
Issue: Lender advanced £40,000 in 1997 and sought to recover €1.4 million by 2015 having failed to advance proceedings for 14 years.
Successfully advanced a motion to strike out for want of prosecution against a sub-prime lender in respect of claim for €1.4m against Family Home, liaising with investigative journalist, advising and assisting clients in respect of Prime Time Investigates programme participation entitled “The Loot and the Loans.”
Examinership
Issue: Client Company seeking to restructure and sought the protection of the courts under the Examinership process provided by the Companies Acts in doing so. Company’s business specialised in manufacturing in the North West since 1955, employed 52 people and had an annual turnover of €3.5 million. It required significant restructuring and a change to its business model in order to survive.
We advised in relation to the Examinership process, petitioning the court for the appointment of an Examiner and representing the company at the confirmation hearing, working in conjunction with the Court appointed Examiner.