Claims based on Undue Influence and Duress
It is a fundamental aspect of testamentary freedom that a Testator chooses and decides who he/she wishes to benefit under his Will and to what extent. In other words in ...
Lack of Testamentary Capacity
Under Irish Law a Testator (the person making the Will) must have the requisite capacity to make a Will. The Succession Act 1965 states that in order to make a ...
The Rights of Spouses, Civil Partners and Cohabitants
Limitations on Testamentary Freedom The Rights of Spouses, Civil Partners and Cohabitants The Testamentary freedom of a married Testator is curtailed to some extent by the provisions of the ...
When Should I Review My Will ?
A Will is not a ‘once and for all’ document. It should be viewed as a starting point for your succession planning and built upon, modified and updated as your ...
Assisted Decision-Making (Capacity) Act 2015
Assisted Decision Making (Capacity) Act 2015 It is finally here! April 2023 marked the introduction and implementation of the Assisted Decision Making (Capacity) Act 2015 which is legislation to support ...
Changing Your Mortgage Provider – Easier Than You Think
Changing your mortgage may seem like a difficult process, but with the help of an efficient solicitor, it can be much easier than you think from a legal perspective and ...
How Long Does Probate Take in Ireland
When it comes to how long does probate take in Ireland. The following is important. It is the legal process that deals with a deceased person's assets and their distribution ...
Statute of limitations Medical Negligence Ireland
A medical negligence action arises when a patient is unhappy with the level of care and treatment they have received from their medical practitioner and/or hospital. In order to prove ...
What Happens at an Inquest in Ireland
An inquest in Ireland is an official enquiry into the cause of sudden or unexplained death. An inquest is legally required in the case of some deaths. The inquest is ...
Case Study: Post-Partum Hemorrhage Medical Negligence
At McElhinney & Associates Solicitors, we recently represented a young mother who suffered a post-partum haemorrhage following a C-Section. Following her return to the maternity ward, she suffered shoulder tip ...