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If you wish to assign the payment of a debt that is owed to you, or to a company, to another person or company (called the assignee), you can use this document to do so. This document can be used by either individuals or companies. Once this debt has been assigned and the debtor has been notified of this assignment, the debtor will pay the debt to the assignee. This document will also create the required notice to inform the debtor that the debt has been assigned.
This document will allow the owner of a beneficial interest in property or other asset, and who may or may not also be the legal owner, to transfer that interest to one or more people. A person has a beneficial interest in an asset if they are entitled to the benefit and enjoyment of that asset and thus an asset may be legally held by and in the name of one person on behalf of and for the benefit of another. The person holding the property has a legal interest in the asset; the person for whose benefit the asset is held has a beneficial interest in the asset. The transfer may be by gift or for money. It can be used for any type of asset, such as a house or flat, a bank account or a painting or car. Please note that this document cannot be used to deal with legal interests in property or other assets.
Use this document to assign the benefit (i.e. to transfer the benefit) of the rights you have under a contract. Most rights are capable of being assigned - for example, rights to benefits under insurance policies, rights to repayment of a loan, rights to purchase property and so on. However, it is important to note that you cannot assign any rights under a contract if the contract expressly prohibits it. It is also important to review the contract to check if the consent of the parties to the contract is needed for the assignor to assign their benefit under the contract. This document is suitable for use by both companies and individuals.
This process will create a deed poll and the other documents required to change the surname and/or first name of persons aged 14 years or older. However, if you are aged between 14 and 17 you will need parental consent to sign this document. You also have the option to 'enrol' this document at the High Court and the required application form is also prepared if you indicate that this is your intention. A deed poll is a signed declaration by a person that binds them to a particular course of action from the date of signing. A deed poll for a change of name contains declarations (in other words a sworn statement) that you are abandoning the use of your old name, that you will use your new name at all times and that you require everyone to use your new name.
This document process will create a deed poll to change the first name and/or surname of a person aged under 14 years of age. This document must be signed by a person with parental responsibility and have the consent of all persons with parental responsibility for the child. The option to enrol this deed at the High Court is also provided for. A deed poll is a signed declaration by a person that binds them to a particular course of action from the date of signing. A deed poll for a change of name contains declarations (in other words a sworn statement) that one is abandoning the use of their old name, that they will use their new name at all times and that they require everyone to use their new name.
Where an airline flight is cancelled, delayed, diverted or over-booked or a seat is downgraded, the passenger can be entitled to compensation of up to €600 IN ADDITION TO a refund or alternative flight. Airlines are also obliged to pay for adequate 'care' for such passengers. While the legal rules are complex you can use this process to draft your complaint by simply answering the questions asked. If you have a valid case LawOnline will generate a claim appropriate to your circumstances. If the airline is licenced in the Republic of Ireland and refuses to pay you can then make your claim through the District Court, using the small claims or normal claims procedure depending on the amount. See the LawOnline document processes: 'Application to the small claims registrar' (DR014) and 'Claim notice: debt claim not exceeding 15000 euros' (DR016). If the airline is licenced in another EU member state you can use the 'European small claims procedure' (DR015).
Individuals and limited companies can use this document to create a contract with a builder to complete small-scale building work. It not intended for use where the services of an architect or engineer are being used. It is also not suitable for new builds. It is important that the work is clearly defined in this agreement so that there can be no doubt as to exactly what is expected. If there are plans and specifications for the work, details should be included within the agreement. In these specifications, it should be stated who is required to provide materials. Usually the contractor is obliged to provide the materials required to carry out the work; however, in some cases, the owner may provide the materials.
If you wish to guarantee an existing or future debt of another to a creditor, you can use this document to do so. It allows for one or more guarantors. This document is suitable whether the loan has already been given, will be given at some time in the future or will be given at the same time that this guarantee is being signed. The guarantee will also allow you to enter a limit to the amount of liability in the case of default. A guarantee is a contract whereby the guarantor agrees to be liable for an existing or future liability of another (the debtor) to a lender in the event that the debtor is unable to repay it. A guarantee is unenforceable unless it is made in writing and the guarantor signs it.
This document can be used by individuals or companies to guarantee the debt of another, whether the loan has already been given or will be given at some point in the future. The document will allow the guarantor(s) to set a limit as to the amount of liability they will have for the debt. As security for the guarantee, this document also gives the option of depositing shares in a company or the title deeds to a property with the lender.
If you, or a company, wish to guarantee the obligations of another under a contract, you can use this document to do so. This guarantee should be made after the contract has already been signed or at the same time that it is signed as you will need to refer to the contract in the guarantee. This document allows you to place a limit on the amount the guarantor will be liable for in the case of default. This guarantee may be used to guarantee the performance of a contract by a limited company. There will often be a link between the person performing the contract and the person giving a guarantee in such cases; for example, a director of a company may guarantee the performance by the company of a contract which his/her company has entered into.
This is not a general guarantee for the payment of a debt but is only to be used as a guarantee where the creditor has commenced legal proceedings against the debtor for payment of an outstanding debt and interest. With this guarantee, the creditor promises to cease proceedings with the understanding that if the debtor does not pay, the guarantor will pay the debt in a series of installments as specified within this guarantee. The guarantor can be either an individual or a company.
This is a personal loan agreement for an unsecured fixed sum loaned between one or more individuals. It is appropriate for use between several individuals on either side of the contract and where the lender(s) is/are not involved in the business of providing credit. The agreement provides options for instalment payments and interest charges. This agreement is drafted in accordance with the requirements of the Consumer Credit Act 1995.
Use this document to generate a promissory note which is a written promise that the 'maker' of the note will pay a fixed sum of money to the payee either on demand or on the date specified in the note. The maker can be a limited company, partnership or individual, and the payee may be either a named person or entity, or alternatively the bearer of the note on the date it becomes payable. Note that no provision is made in this simple version for the payment of interest on the loan.
Use this document to generate a promissory note, which is a written promise that the 'maker' will pay a fixed sum of money by way of installments on specified dates. The maker can be a limited company, partnership or individual, and the payee may be either a named person or entity, or the bearer of the note on the date it becomes payable. The note allows for interest to be paid on any outstanding installments.
When signed, this document will acknowledge the debt that is owed - either by an individual, company or partnership - to another, the reason why the debt arose and the amount owed. This serves two very important purposes: 1. It makes it easier to prove the existence of a debt if it is later disputed. 2. It can interrupt or suspend the effect of the Statute of Limitations Act 1957 which causes a debt to become unenforceable after six years. This document can have the effect of restarting the clock and making the limitation period start afresh, although it will not have this effect if the acknowledgement is made after the limitation period has already expired or if the acknowledgement is not made to the person to whom the debt is owed (or his/her agent).
This document allows an individual or company to draw up a general power of attorney authorising one or more persons, or a company or firm, to collect debts on their behalf - it is strictly limited to this one purpose. You might want to use this if, for example, you are too busy to chase your debts and you therefore wish to appoint another person to do this on your behalf. This power of attorney is automatically cancelled on death, mental incapacity or if the donor person or company becomes bankrupt. This general power of attorney can also be revoked in writing at any time using the LawOnline document 'Revocation of general power of attorney' (PA003).
Use this letter to make an offer to a creditor to pay a debt by instalments. With this letter, you will attach your first instalment by way of cheque. Although the creditor is not obliged to accept your offer, attaching a cheque should encourage them. It is suitable for use by an individual, as well as by a company or partnership.
This document is relevant if you have previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on a debtor, no response has been received from the debtor as specified in the civil bill, and within the timeframes required, and all or part of the claimed amount owed remains outstanding, and as a result you have decided to apply for a judgment against the debtor. The purpose of this document is to confirm to the Circuit Court the amount of the claim still outstanding, taking account of any payments made by the debtor if any, and is one of a number of documents required to be filed with the court to apply for the judgment. All of the required documents to apply for a judgment, referred to as the 'judgment set', are available on LawOnline.
This document is relevant if you are applying for a judgment in the Circuit Court against a debtor having previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on the defendant and no response has been received from the defendant within the timeframes specified or, if also sent, to a follow-up letter giving the defendant a further 14 days to enter an appearance. The County Registrar is required to sign this document to confirm that no response has been received from the defendant. All of the documents required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.
This pack contains the nine documents required to secure a judgment on a claim in the Circuit Court in the event that the defendant does not dispute or defend your claim, or fails to settle the full amount. This is called a 'judgment by default' and will be given by the court if all nine documents are filed and are in order. Together these nine document are referred to as the 'judgment set'.
This document is relevant if you have previously served an 'Ordinary civil bill and indorsement of claim' (DR020) on a debtor, no response has been received from the debtor as specified in the civil bill, and within the timeframes required, and all or part of the claimed amount owed remains outstanding, and as a result you have decided to apply for a judgment against the debtor. You may also have sent a 'Letter giving the defendant 14 days to enter an appearance' (DR021). The purpose of this document is to confirm to the Circuit Court that the civil bill was successfully served on, i.e. given to, the debtor and is one of a number of documents required to be filed with the court to apply for the judgment. All of the required documents to apply for a judgment, together known as the 'judgment set', are available on LawOnline.
This document is the execution order, prepared for the County Registrar to sign, directing the Sheriff to seize goods from the defendant debtor to satisfy the judgment amount being applied for and as confirmed in a sworn 'Affidavit of debt' (DR023). The process here also assumes that an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor, confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022). This is the final document to be prepared in applying for the judgment. These documents and the others required to secure a judgment against a debtor in the Circuit Court, referred to in total as the 'judgment set', are all available on LawOnline.
This document is provided to the Circuit Court to allow it to grant a judgment order in respect of an outstanding debt in circumstances where the debtor has made no response to previous correspondence. The process here assumes an 'Ordinary civil bill and endorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022) and an 'Affidavit of debt' (DR023) has been sworn confirming the claim amount still outstanding. It also assumes that a 'Request for judgment by default of appearance' (DR025) has been prepared. These documents and the others required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.
This letter is relevant if an 'Ordinary civil bill and indorsement of claim' (DR020) was served on the defendant and no response to this document has been received. Two letters are prepared here, one to inform the County Registrar that you are agreeable to giving the defendant a further 14 days to enter an appearance and the other to notify the defendant of this consent and the intention to seek a judgment if there is still no response within 14 days.
Use this document to make an application via the Circuit Court to recover money owed to you for goods and/or services provided or for other reasons. Interest, where appropriate, can also be claimed as well as recovery costs. When you give this civil bill to the debtor this is all that you need to do to start the legal process. Before making this application, you should ideally have already sent at least one letter to the debtor demanding payment and indicating the possibility of initiating legal proceedings if the outstanding debt is not paid. If you have not done this already, you can use the LawOnline document 'Debt collection letters for unpaid invoices' (DR008) amongst others. Please note that the Circuit Court deals only with debts between €15,001 and €75,000 in value. If the debtor fails to respond to this civil bill and fails to fully settle the outstanding amount claimed you can then proceed to apply for a court judgment that the money is owed (the documents required to apply for judgment are also available on LawOnline).
This document is used to request the Circuit Court to issue an order to the Sheriff or County Registrar to recover the amount owed by the defendant debtor as outlined in a sworn 'Affidavit of debt' (DR023). The process here also assumes that an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and statutory declaration of service' (DR022). These documents and the others required to secure a judgment against a debtor in the Circuit Court, referred to in total as the 'judgment set', are all available on LawOnline.
This document is used to apply to the Circuit Court for a judgment order in respect of an outstanding debt in circumstances where the debtor has made no response to previous correspondence and some or all of the claim remains outstanding. The process here assumes an 'Ordinary civil bill and indorsement of claim' (DR020) has been served on the debtor as confirmed by a sworn 'Endorsement and declaration of service' (DR021) and an 'Affidavit of debt' (DR023) has been sworn confirming the claim amount still outstanding. These documents and the others required to secure a judgment against a debtor in the Circuit Court, together referred to as the 'judgment set', are all available on LawOnline.
This affidavit, which confirms the amount of a claim still outstanding, is relevant if you have already correctly served the 'Claim notice: debt claim not exceeding €15,000' (DR016) and there has been no response to the claim notice from the debtor or the claim has not been settled in full. This document is used with the claim notice, the 'Statutory declaration of service' (DR017) and the 'Judgment (decree) by default' (DR019) to apply to the District Court for a judgment against the debtor in respect of the outstanding claim.
The District Court small claims process is specifically designed so that you do not need to hire a solicitor or lawyer. You can use this document to make an application to the Small Claims Registrar in the District Court to recover money you are claiming is owed to you for faulty goods which you bought or for inadequate services provided to you, minor damage to property or the non-return of a rent deposit on certain kinds of rented properties. There is a limit of up to €2,000 on the amount that can be claimed under this procedure in the District Court. A copy of the completed application form will be sent by the registrar to the person or business against whom you are making the claim, called the respondent, seeking payment of the amount owed. If the respondent refuses to pay the case can then be taken to the District Court by the registrar for judgment.
Use this document to make a claim, via the District Court, to recover money owed to you (up to €15,000) for goods and/or services provided, for example, or to make a claim for other reasons such as for liquidated damages. Interest can also be claimed on the outstanding amount where relevant as well as recovery costs. When you give this notice to the debtor this is all that is required of you to start the legal process. If the debtor fails to respond to this notice and fails to fully settle the outstanding amount claimed you can then proceed to apply for a court judgment that the money is owed (the documents required to apply for judgment are also available on LawOnline). Before making this application, you should ideally have already sent at least one letter to the debtor demanding payment and threatening to take the matter to court if the outstanding debt is not paid. If you have not done this already, you can use LawOnline documents such as 'Debt collection letters for unpaid invoices' (DR008) amongst others.
This pack contains the four documents required to secure a judgment on a claim in the District Court in the event that the defendant does not defend your claim or fails to settle the full amount. This is called a 'judgment by default' and will be given by the court if all four documents are filed and are in order. The four documents are the claim notice, the statutory declaration of service, the affidavit of debt and the judgment (decree) by default which together make up what is called the 'judgment set'.
You can use this document to claim for money owed to you by a individual or business (the defendant) located in another EU country (Member State). Depending on the details the claim is sent either to a court in your own country or to a court in the Member State where the defendant is located. This process is called the European Small Claims Procedure (ESCP). The limit on claims is €2,000, but this excludes any interest due or other related costs that you may wish to also claim. The claim can be either for money owed or for other reasons, e.g. to force the defendent to deliver goods already paid for or some other similar obligation, or to prevent a legal wrong such as trespass etc. The ESCP is intended to be a written process with no need for either party to attend court. It is also designed so that a claim can be made without the need to hire a solicitor or lawyer, thus saving on costs. This LawOnline process is only suitable where both claimant and defendant are located within the EU.
This document is relevant if you have already correctly served the 'Claim notice: debt claim not exceeding €15,000' (DR016) and there has been no response to the claim notice from the debtor or the claim has not been settled in full. It is used with the claim notice, the 'Statutory declaration of service' (DR017) and the 'Affidavit of debt' (DR018) to apply to the District Court for a judgment against the debtor in respect of the outstanding claim.
This document is used to confirm to the relevant District Court that a 'Claim notice: debt claim not exceeding €15,000' (DR016) has been correctly served on, i.e. given to, the individual or entity on whom the claim is being made. The individual who serves the claim notice on the respondent must sign or 'declare' this document in front of a commissioner for oaths or a practising solicitor, confirming how, where and when service was carried out. This individual is referred to as the declarant. This document is relevant if the respondent has neither settled the claim in full or indicated an intention to defend the claim and you wish to apply for a judgement against the respondent.
Use this document to create two letters demanding payment for an overdue invoice (or invoices). The first letter is an initial letter demanding payment for an overdue invoice and can be sent as a 'gentle' reminder. If there is no response and you are considering beginning legal proceedings it is normal practise, though not a legal requirement, to send a letter to the debtor giving seven days for a response with payment before proceeding. The second letter is to be used for this purpose and if payment is still not made you can then take your claim to court using documents also available on LawOnline - the specific documents required will depend on whether the District or Circuit Court is used.
Use this document to create a final letter of demand, following previous unanswered correspondence, before considering taking court action with respect to a claim that you have made for liquidated damages or for an outstanding debt. You should have previously sent a letter to the person or business you are making a claim against, detailing how the claim arose and what the effects have been, but had no response. Without sending this letter, and if you decide to initiate legal proceedings, the court may find that you have acted unreasonably and may penalise you by disallowing or reducing the costs or interest that you might otherwise have been entitled to. Please note that you cannot use this letter if your claim relates to a personal injury you have suffered.
Use this letter to demand payment of an outstanding invoice before taking action in court to recover an outstanding invoice. Without sending this letter before initiating legal proceedings, the court may find that you have been unreasonable in taking action and may penalise you by disallowing or reducing the costs or interest that you might otherwise have been entitled to.
Use this letter to remind a company or person about an outstanding invoice. The letter can be used by a business as well as a private individual.
This is a letter of reminder from a supplier to a debtor undertaking, or individual, in relation to a continued outstanding invoice payment owing to the supplier and also provides for claiming either contractual interest or late payment interest, as well as recovery costs, under the EU (Late Payments in Commercial Transactions) Regulations 2002, where appropriate.
Use this letter while you are on adoptive leave to notify your employer of your intended date of return to work or that you intend to take additional adoptive leave. This letter is suitable whether you are informing your employer of this return date for the first time or changing a return date that you previously provided. You should send this letter as soon as possible to ensure that you give your employer the required amount of notice which is four weeks.
Use this letter to formally notify your employer that you wish to change the start date of your maternity leave. You must give your employer at least four weeks' notice before the new start date (if you are bringing it forward) or four weeks before the original start date (if you want to push the start date back. This letter is not suitable, however, for women entitled to contractual maternity leave stipluated in a contract of employment given that the conditions attaching to it may be different to those governing State maternity leave entitlement.
Use this letter to formally notify your employer that you wish to change the date that you have previously notified to start your adoptive leave. This letter is appropriate whether you are adopting a child within the Republic of Ireland or whether you are adopting a child from overseas. It should only be used by those who qualify for statutory adoptive leave from employment, i.e. those indivduals who are employees. This letter can also be used to notify your employer of your intention to take additional adoptive leave if required.
Use this letter to notify your employer of your pregnancy and to provide them with the information legally required before taking maternity leave and, if relevant, addtional maternity leave. It is important that you make this notification in writing, even if you have verbally notified your employer. This letter is not suitable, however, for women entitled to contractual maternity leave stipluated in a contract of employment given that the conditions attaching to it may be different to those governing State maternity leave entitlement.
Use this document to create a standard reference for a current or past employee to a potential employer. It is not a legal requirement for an employer to provide an employee with a reference, unless it is a requirement in his/her employment contract. However, failure to provide a reference could leave an employer open to allegations of discrimination and you are therefore urged to provide an employee with a reference when asked. It is also important that your reference is free from language which could be discriminatory and the format of this reference should assist you in this process.
Employers should make all job offers conditional on satisfactory references. As part of this process, employers can use this document to request a reference from the applicant's previous employers. The finished document comprises a cover letter and a list of key questions about the employee's job, such as their timekeeping and attendance record. You should supply a telephone number and stamped addressed envelope to encourage a prompt response to your request and you should always seek the applicant's consent before you request a reference from their current employer.
Employers should use this document to prepare a letter to send to unsuccessful job applicants, whether or not they attended an interview. The letter advises them that they have been unsuccessful on this occasion and includes the option to keep their details for future vacancies, should they agree to this.
If you are dissatisfied with the outcome of a grievance meeting you can use this letter to request an appeal meeting. The letter allows you to set out the grounds of your appeal and requests that your appeal meeting be dealt with by a different manager than the one who originally dealt with your grievance meeting. It also allows you to nominate a 'representative' to accompany you to the meeting, if you wish, as is your statutory right.
Use this letter to notify your employer of any grievance an employee might have and to provide them with information and background as to the grievance claimed. The grievance could relate to discrimination (on any of nine different grounds), harassment, victimisation, breaches of contractual obligations, breaches of employment legislation, working conditions and/or protected disclosures. It is important that you make this notification in writing, even if you have verbally notified your employer.
Employers should use this form when interviewing job applicants. The form includes a comprehensive checklist of topics to be covered during interview, with suggestions for specific questions and the opportunity to allocate marks and give comments for each. The completed checklist can provide evidence that you have taken a consistent and fair approach to all candidates. If properly applied, this can assist in providing protection against complaints of discrimination. You should keep all completed checklists for unsuccessful applicants for at least six months for this reason.
Use this document to create a job description. This document can be used when recruiting staff, to assist you when conducting a staff appraisal, to attach to an employment contract or statement of terms/written particulars of terms or in order to update a previously drafted job description. This document creates three separate lists containing the duties and/or responsibilities of the role, the skills and knowledge required to perform it and required experience. There is also the option to insert an estimate of the percentage of time taken up by each responsibility or duty. The law requires an employer to provide an employee, within two months of the commencement of a job, a statement of a job description. It is also advisable for you to provide each employee with a job description as it allows you to define the employee's role and accountability and clarifies the expectations for both parties.
An affidavit of means is one of the documents required to be completed by both parties if you are seeking either a judicial separation or a divorce. It requires full disclosure of the party's financial circumstances - assets, liabilities, income and expenses, and pensions as applicable - in five separate 'schedules'. When completed this document must also be sworn, i.e. signed, in the presence of a commissioner for oaths or a practising solicitor.
An affidavit of means is one of the documents required to be completed by both parties if you are seeking either a judicial separation or a divorce. It requires full disclosure of the party's financial circumstances - assets, liabilities, income and expenses, and pensions as applicable - in five separate 'schedules'. When completed this document must also be sworn, i.e. signed, in the presence of a commissioner for oaths or a practising solicitor.
An affidavit of means is one of the documents required to be completed by both parties if you are seeking either a judicial separation or a divorce. It can also be used where the parties have drafted a 'Separation agreement' and one of the terms of which is a requirement for full financial disclosure. It requires full disclosure of the party's financial circumstances - assets, liabilities, income and expenses, and pensions as applicable - in five separate 'schedules'. When completed this document must also be sworn, i.e. signed, in the presence of a commissioner for oaths or a practising solicitor.
If there are dependent children then this document must be completed to apply for a judicial separation or divorce in the Circuit Court. Both the applicant and respondent must make an affidavit of welfare. However, if the respondent agrees with the version of this affidavit made by the applicant there is then no need for the respondent to also provide the same details. In this case they simply confirm their agreement in a shorter version. If they disagree with any of the details provided by the applicant they must complete the full version of this document.
If there are dependent children then this document must be completed to apply for a judicial separation or divorce in the Circuit Court. Both the applicant and respondent must make an affidavit of welfare. However, if the respondent agrees with the version of this affidavit made by the applicant there is then no need for the respondent to also provide the same details. In this case they simply confirm their agreement in a shorter version. If they disagree with any of the details provided by the applicant they must complete the full version of this document.
Under the Mediation Act 2017 the parties to a dispute, including family-related matters, may engage in mediation as a means of attempting to resolve the dispute. Participation in mediation is voluntary at all times. The fact that proceedings may have been issued in relation to a dispute does not prevent the parties engaging in mediation at any time prior to the resolution of the dispute. Prior to the commencement of the mediation, the parties and the proposed mediator prepare and sign a document (referred to as an 'agreement to mediate') appointing the mediator and containing specific information such as how the process is to be conducted, terminated and paid for amongst a range of other matters.
This document is used to initiate divorce proceedings in the Circuit Court where there is full agreement between the spouses involved and is essentially the application form completed by, what is called, the applicant spouse. It is also possible to apply to the court for certain consent orders or reliefs. This LawOnline process facilitates all of the possible orders which can be applied for under the relevant family law legislation including matters relating to maintenance, property, custody, succession, pensions and the family home amongst other matters. The legal proceedings begin when this document is issued by the relevant Circuit Court office and is then served on, i.e. is given to, the respondent spouse. This process generates the consent orders and terms of agreement, notice of motion and grounding affidavit documents - all of which are required to apply for a divorce by consent.
This document is required to be completed by both the applicant and respondent, or their respective solicitors if they are legally represented. This certificate essentially confirms that you are fully aware of the various alternatives available such as mediation or a separation agreement versus applying for a judicial separation or divorce, as the case may be.
This document is required to be completed by the respondent, or their solicitor if they are legally respresented. This certificate essentially confirms that you are fully aware of the various alternatives available such as mediation or a separation agreement versus applying for a judicial separation or divorce, as the case may be.
In contested judicial separation or divorce proceedings it is frequently the case that the parties subsequently come to an agreement without the need for a court hearing. In that circumstance this document can be used to document the details and terms of the agreement made and the 'consent' (i.e. agreed) court orders to be applied for. The process facilitates all of the possible court orders which can be applied for under the relevant family law legislation including matters relating to maintenance, property, custody, succession, pensions and the family home amongst other matters.
Protection is provided for the family home of a married couple under the Family Home Protection Act 1976 as amended by the Family Law Act 1995. The effect of this legislation is to prevent one spouse from acting in relation to the family home without the consent of the other spouse. The purpose of this deed of waiver, signed by both parties, is to remove any doubt that this 'veto' by one spouse over the other is removed in relation to future dealings in any property following a divorce, judicial separation or the execution of a deed of separation, i.e. a separation agreement.
In a contested divorce or a judicial separation the respondent has the option of submitting a defence to all or any of the claims made by the applicant in the 'Indorsement of claim' section of the family law civil bill. In addition the respondent can counter with claims of their own, i.e. counterclaims. The respondent can also apply for certain court orders, or reliefs, in the same manner as the applicant. The family law civil bill informed the respondent that if they do not acknowledge it the court will regard the respondent to have admitted the applicant's claims and judgment can be given against them without further notice. It also stated that if the respondent intended to defend the proceeding they must, within ten days, deliver a statement in writing showing the nature and grounds of their defence which is what this document is used for.
This pack contains all of the documents necessary to apply to the Circuit Court for a divorce by consent, i.e. where the parties are in full agreement. It includes the additional document required if there are dependent children. It also includes the required documents should there be an agreement to make an adjustment in the payment of any pension benefits to either party.
This pack contains all of the documents necessary to apply to the Circuit Court for a divorce or judicial separation, where the parties are in disagreement. It includes the additional document required if there are dependent children. It also includes the required documents should a successful application be made to the court seeking an adjustment in the payment of any pension benefits. Should the parties reach an agreement without the need for a hearing the pack includes a consent orders and settlement terms agreement which can be used to document the terms of such a settlement.
This pack is relevant to a respondent spouse who has been served with a family law civil bill for divorce or judicial separation and where the parties are in disagreement. In addition to the key defence and counterclaim document it contains all of the other documents necessary to defend the applicant's claim including the additional document required if there are dependent children. It also includes the required documents should a successful application be made to the court seeking an adjustment in the payment of any pension benefits. Should the parties reach an agreement without the need for a hearing the pack includes a consent orders and settlement terms agreement which can be used to document the terms of such a settlement.
This document is used to confirm to the relevant Circuit Court that a copy of a family law civil bill or notice of motion has been correctly and successfully served on, or given to, the respondent in the case of the civil bill and the non-filing spouse in the case of the notice of motion. The individual who serves the civil bill or notice of motion must 'declare', i.e. sign, the statutory declaration of service section of this document confirming how, where and when the service was carried out.
Where an application for divorce or judicial separation by consent is to be made, by way of a notice of motion, and which includes an application for an order to vary pension scheme terms (i.e. a Pension Adjustment Order) the notice of motion must also be served on the relevant pension fund trustees. This document is used to confirm to the relevant Circuit Court that a copy of the notice has been successfully served on the trustees. The individual who serves the notice must 'declare', i.e. sign, the statutory declaration of service section of this document confirming how, where and when the service was carried out.
This document is required to be completed by the respondent, or their solicitor if they are legally represented, in divorce or judicial separation proceedings. Its purpose is to inform the court that the respondent spouse is acknowledging receipt of the family law civil bill from the applicant spouse. Where relevant, it can also be used to inform the court that the respondent intends to defend the proceedings if that is the case.
This document is used to initiate either judicial separation or divorce proceedings in the Circuit Court where there the parties are in disagreement and is essentially the application form completed by, what is called, the applicant spouse. When a spouse is applying for a judicial separation or divorce it is also possible to apply to the court for certain orders or 'reliefs'. This LawOnline process facilitates all of the possible court orders which can be applied for under the relevant family law legislation including matters relating to maintenance, property, custody, succession, pensions and the family home amongst other matters. The legal proceedings begin when this document is issued by the relevant Circuit Court office and is then served on, i.e. is given to, the respondent spouse.
Where the parties have agreed to separate by consent and have executed a separation agreement, which includes terms relating to payments between the spouses, the disposition or use of any property and/or the payment of maintenance by one spouse to the other for themselves or any dependents, it is also possible to apply to have the agreement ruled on by the court and to use this document to request a court hearing time and date for that purpose.
This document is used to arrange the trial date on which the court will hear a contested divorce or judicial separation application. The process differs depending on whether or not the relevant Circuit Court circuit is Dublin or elsewhere. This document is normally prepared and issued by the applicant. However, if the applicant fails to do so within ten days of receiving the respondent's defence and counterclaim document, the respondent then has the option of making the trial arrangements instead, also using this document.
This document is used to notify the trustees of the relevant pension scheme, or schemes, that either the applicant or respondent is applying for a court order - called a Pension Adjustment Order (PAO) - to vary the terms of the pension scheme in the context of a divorce or judicial separation application. The application for the PAO from the applicant will be contained in the 'Applicant's claim' section of the family law civil bill, and the application for the same order from the respondent will be contained in the 'Respondent's claim' section of their defence and counterclaim document.
This document, called a pension adjustment order (PAO) is used to notify the trustees of a pension scheme of the details of an adjustment to the payment of the scheme benefits as ordered by a court in the context of divorce and judicial separation proceedings. It is prepared by the beneficiary, either the applicant or respondent as the case may be, or their legal representatives for signing by the County Registrar. In the case of contested proceedings these orders are prepared subsequent to the court hearing once the court's decision is known. In the case of consensual proceedings where both parties have agreed to a variation in their pension arrangements the appropriate PAOs should be drafted and submitted to the court at the hearing.
A couple who have decided to separate, but not to seek a judicial separation via the courts, can set down the terms of their separation in an agreement. This pack allows a couple to draft their separation agreement including terms in relation to custody, access to children, maintenance, health and education expenses, the family home, succession, pensions, other property and assets, income tax etc. as required. This agreement can also be used as part of their application to seek a decree of divorce should the couple decide to do so at a later stage. This pack also includes the affidavit of means document process to be used if the parties wish to have full financial disclosure. If the drafted separation agreement included terms in relation to maintenance or property and the parties wish to make the agreement a 'rule of court' the notice of motion document required to make this court application is also included.
A married couple who have decided to separate, but not to seek a judicial separation via the courts, can use this legally binding contract - referred to as a separation agreement or deed of separation - to set down the terms of their separation. Depending on their specific needs and circumstances this document process can include agreeds terms in relation to custody, access to children, maintenance, health and education expenses, the family home, succession, pensions, other property and assets, income tax etc. This document can also be used as part of their application to a court to seek a decree of divorce should the couple decide to do so at a later stage.
Under legistation introduced in 2010 'qualified cohabitants' can have certain rights and obligations. This process drafts a cohabitation agreement to protect the interests of a cohabiting couple in an intimate relationship who are not married to each other or in a registered civil partnership and are either already living together or plan to live together in a home that they are renting or which is owned by one or both parties. This document will regulate the financial interests of the couple during the relationship and, should their relationship come to an end, deal with common issues such as the division of joint assets, the mutual home and joint bank accounts etc.. A cohabitants agreement is legally valid only if the cohabitants have each received independent legal advice or have received legal advice together and have waived the right to independent legal advice, the agreement is in writing and signed by both cohabitants, and the general law of contract is complied with. The court may vary or set aside a cohabitants agreement in exceptional circumstances where its enforceability would cause serious injustice.
Use this document to state what should happen to your assets should your marriage end. Although prenuptial agreements are not legally enforceable in Ireland a court may have regard to such an agreement as a record of the wishes of the parties, particularly where both have taken legal advice on the contents of the agreement prior to signing it. These agreements also carry more weight since the judgment in the UK Supreme Court case of Radmacher vs Granatino. This is because they are no longer seen as 'contrary to public policy' in the UK, i.e. no longer seen as a perversion of justice or harmful to the State and the public. Courts in the Republic of Ireland may therefore have recourse or give effect to such agreements, particularly given the existence of consent, when deciding on settlements.
If a determination order issued by the Residential Tenancies Board (RTB) is not complied with it is possible to initiate enforcement proceedings in the District Court. One of the documents required to be filed with the court is a 'Grounding affidavit' which can be drafted using this process. The purpose of the grounding affidavit is to set out the facts being relied upon in the case, including details of the background to the dispute, the determination made and confirmation that the respondent to the proceedings has failed to comply with the terms of the determination order. The affidavit is then filed at the relevant District Court office together with the notice of application and statutory declaration of service.
Use this agreement if you are, or are planning to, share a house or flat with another person or a group of people (maximum of 4 other people). The agreement will set out the financial (e.g. responsibility for bills) and other obligations that each housemate/flatmate will have to each other while living together in the property. Please note that this agreement is not suitable for use where you want to have an agreement to protect you financial interests while living together as a couple (where the LawOnline 'Cohabitation agreement' (FL001) should be used instead), where one of the housemates/flatmates is the landlord of the property, where there is no formal tenancy agreement or the property is not rented.
This document is used to submit a claim to the District Court to recover possession of a residential premises for overholding, i.e. a tenant refusing to leave having been served a notice of termination, to recover possession from a tenant at will, a permissive occupant, a caretaker or a servant or to recover possession for non-payment of rent and secure payment of the outstanding amount. Please note that this document cannot be used for tenancies registered with the Private Residential Tenancies Board (PRTB) in which case the matter must be dealt with through the PRTB itself.
This document creates an agreement, called a 'licence', to be used by the owner of a house, apartment or flat who wishes to take on a lodger to occupy part of the house or apartment with them. If you are taking on more than one lodger in separate rooms in your house or flat, you will need to create a separate agreement for each room. Please note that this document creates a licence and not a lease, which means that the agreement can be brought to an end much more easily than under a residential tenancy agreement and provides more protection for the owner.
If a determination order issued by the Residential Tenancies Board (RTB) is not complied with it is possible to initiate enforcement proceedings in the District Court. One of the documents required to be filed with the court is a 'Notice of application' which can be drafted using this process. This document sets out the relief or outcome being sought by the applicant, i.e. a court order enforcing the terms of the determination order and the grounds upon which the applicant is seeking the relief. The notice is then filed at the relevant District Court office together with a grounding affidavit, exhibits and statutory declaration of service.
The purpose of this drafting process is to capture details of the landlord and dwelling under which a Rent Pressure Zone exemption is being applied for in respect of a rent review and which must be submitted to the Residential Tenancies Board (RTB). The grounds for claiming the exemption are also required. The completed form should be returned to the RTB within one month of the date on which the new rent applies.
This drafting process addresses tenant and RTB notice information requirements in relation to rent reviews for tenancies which are located either in, or outside of, Rent Pressure Zones (RPZs). It also caters for RPZ-located properties which are claimed to be exempt from the RPZ rent limitation regulations. The RTB rent calculator must now be used to determine the maximum permitted rent increase, if any, for non-exempt properties located in an RPZ and a link to this calculator is provided in the drafting process.
This document is used to notify a tenant that there has been a failure, or failures, by the tenant to meet their obligations under the tenancy (EXCEPT RENT ARREARS). It cites the failure, or failures, and gives the tenant a reasonable period of time to put a remedy in place. This notification must be served first if the landlord may wish to subsequently terminate the tenancy in the event that a failure remains unremedied within the time period specified.
If a determination order issued by the Residential Tenancies Board (RTB) is not complied with it is possible to initiate enforcement proceedings in the District Court. Before initiating such proceedings there is the option of issuing a 'Pre-proceedings letter' and this document drafting process can be used to do so. This letter is addressed to the respondent, i.e. the individual against whom the order is to be enforced, stating that if the determination order is not complied with within a certain period of time (for example seven or 14 days), a case will be brought to the District Court to obtain an order of the court requiring the respondent to comply with the determination order. It is not an essential to send this letter but it is recommended. Furthermore, this letter is relevant to any application for costs that might be made to the court.
As a landlord (or licensor), you will inevitably collect, use and store personal information about your tenants or licensees. Under the General Data Protection Regulation (GDPR) Directive (EU) 2016/680, and supplemented by the Data Protection Acts 1988 to 2018, you need to tell them what information you hold, how you will use it and for what purpose. You also need to tell them about their privacy rights and how the law protects them. You can use this privacy notice to do this.
If a determination order issued by the Residential Tenancies Board (RTB) is not complied with it is possible to initiate enforcement proceedings in the District Court. All of the documents required to make such an application to the court are contained in this pack including an optional letter which may be sent to the non-compliant party prior to the commencement of the legal proceedings.
This letter can be used to fully waive rent arrears on a rented property. It is suitable for situations where there is a single tenant and landlord, or multiple tenants and landlords in relation to the property.
This document should be used by one or more landlords of a residential property to create a tenancy agreement, either fixed-term or periodic (which then become a Part Four tenancy once the tenant is in occupation for more than six months). Spousal or civil partner consents are included, if necessary, in relation to family or shared homes. Specific clauses are included to cover gas, electrical and fire safety and maintenance etc. An inventory of fixtures, fittings and contents can be included if required. It also provides for a guarantor where appropriate. It is suitable for lettings of houses, apartments and other residential rental accommodation generally.
For previously let properties, where the rent is being reviewed and a new rent set, a 'Notice of rent review' (LP008) must also be served on the new tenants. This document is available on LawOnline.
This document is relevant if an applicant has previously served a 'Notice of application', 'Ground affidavit' and accompanying exhibits on the respondent or all of the respondents, as appropriate. The individual who serves these documents, referred to as the 'proceedings', on the respondent must sign or declare this document in front of a commissioner for oaths or a practising solicitor, confirming how, where and when service was carried out. This individual is referred to as the declarant.
This document can be used to draft a 'Notice of termination of tenancy' to terminate a residential tenancy - either within or outside a Rent Pressure Zone - and is suitable for fixed term and periodic tenancies, including initial and subsequent Part 4 tenancies as well as situations where the tenant has been in the property for up to six months (a tenancy becomes a 'Part 4 tenancy' once the tenant is in the property for more than six months every six year cycle). The option to terminate to prevent a 'Further Part Four' tenancy commencing is also provided for. In addition, it deals with situations where there is a sub-tenancy of the tenancy being terminated. This document is relevant whether or not there is a formal residential tenancy agreement in place or not. NOTE: This document is not suitable for termination of a tenancy where the tenant has availed of the protections provided by the Planning and Development, and Residential Tenancies, Act 2020 (PDRTA).
This document is used to inform a tenant of a residential property that there are outstanding arrears of rent, and is required to be served on both the tenant and the RTB if the landlord wishes to terminate the tenancy in the event that the arrears remain unpaid. The MINIMUM period allowed to the tenant to clear the arrears is 28 days. If the tenant fails to clear all of the arrears by the expiry of the (minimum) 28 day warning notice period the landlord is then free to serve a 'Notice of termination' (also available on LawOnline - see document reference LP006) on the tenant giving 28 days notice to vacate the property.
Use this document to draw up an agreement for the private sale of a motor vehicle between individuals, where the purchase price is received in full by a single payment and not by instalments, and the vehicle is not subject to a loan or charge against it. In this document, the buyer is purchasing the vehicle 'as seen', thereby protecting the seller from any claims relating to faults or defects found subsequently. In turn, the seller confirms that the kilometer or mileage reading is accurate and that there are no outstanding charges on the vehicle. Without this agreement the seller is taking a risk that the buyer could later allege that the seller had orally represented the vehicle being in a better condition than it was. This document is not suitable if either the seller or the buyer is under 18.
This document sets out the terms and conditions of sale for a cat or kitten and requires signatures from both the seller and buyer. The seller confirms details of the cat's health, vaccination history and eligibility for the EU Pet Passport scheme and the buyer promises to care for the cat. This document is intendede for use in two general situations: the sale and purchase of a new kitten from a breeder or dealer as a family pet, and the sale and purchase of a kitten or a grown cat from its private owner. It is not designed for use where the cat or kitten is being sold for commercial purposes (breeding etc.) where additional warranties may be required.
Use this document to create an agreement to sell a dog or pup. The seller confirms details of the dog's health, vaccination history and eligibility for the EU Pet Passport scheme and the buyer promises to care for the dog. This document is for use in two general situations: the sale and purchase of a new puppy from a breeder or dealer as a family pet, and the sale and purchase of a puppy or a grown dog from its private owner. It is not designed for use where the dog or puppy is being sold for commercial purposes (breeding, racing etc.) where additional warranties may be required.
Use this document to create an agreement to sell a horse or pony. To use this document, the horse or pony must have a passport and be registered with one of the relevant equine authorities. In the agreement, the buyer promises to look after the horse and the buyer promises to obtain a similar promise from any subsequent owner. It is an offence to sell and/or move (i.e. transport) a horse or pony without a passport. Therefore it is important that the horse or pony being sold has a passport. Please note that this agreement is not suitable for the sale of horses or ponies which are to be used for racing or breeding.
This process enables the drafting of the grounding affidavit to be sworn by the attorney(s) and required for an application to register an 'Enduring power of attorney' (EPA) with the Registrar of Wards of Court. It caters for one or more attorneys and notice parties. This document is only relevant to EPAs dated BEFORE 26th April, 2023.
In relation to an 'Enduring power of attorney' (EPA) this process can be used to draft an 'Affidavit of service' recording service: on the notice parties of the notice of execution; on the donor of the notice of intention to apply for registration; on the notice parties of the notice of intention to apply for registration; on the donor of the application for registration and on the notice parties of the application for registration. All of these affidavits are required to be filed with the Registrar of Wards of Court Office when registering an EPA. This document is only relevant to EPAs dated BEFORE 26th April, 2023.
This process enables the drafting of an application for registration of an 'Enduring power of attorney' (EPA) with the Registrar of Wards of Court. An application for the registration of an EPA is made to the Registrar by lodging this application, along with other required documents, in the Office of Wards of Court and it must be grounded on, i.e. supported by, the affidavit of the attorney, or attorneys, seeking such registration. This document is only relevant to EPAs dated BEFORE 26th April, 2023.
This pack contains all of the documents necessary to notify the required individuals of an intention to apply for registration of an 'Enduring power of attorney' with the Register of Wards of Court and to then proceed to make that application. This document is only relevant to EPAs dated BEFORE 26th April, 2023.
If you, or a company, need to have another person or persons, company or firm to manage your affairs or the affairs of the company for a limited period of time, a general power of attorney can be used to do so. An individual may want to use a general power of attorney for a number of reasons - for example, they might be leaving the country for a period of time and need someone else to manage their affairs while they are gone. The person whom you (the 'donor') appoint to manage your affairs is known as your 'attorney'. Your attorney will be able to do anything on your behalf which he/she can legally do as an attorney. The power of attorney may be specific in that it limits the appointed attorney to performing specific tasks or it can be general allowing the attorney to do almost anything that you yourself could do. This document is suitable for use by both individuals and companies.
This document allows an individual or company to draw up a general power of attorney authorising one or more persons, or a company or firm, to collect debts on their behalf ? it is strictly limited to this one purpose. You might want to use this if, for example, you are too busy to chase your debts and you therefore wish to appoint another person to do this on your behalf. This power of attorney is automatically cancelled on death, mental incapacity or if the donor person or company becomes bankrupt. This general power of attorney can also be revoked in writing at any time using the LawOnline document 'Revocation of general power of attorney' (PA003).
This document is used by the attorney(s) to give notice of an intention to apply for registration of an 'Enduring power of attorney' to the relevant donor, entitled notice parties and the Registrar of Wards of Court. Also an attorney, who is acting under a joint and several power, must give notice to any other attorney acting under the same power who is not joining in making the application for registration. Attorneys are not required to give notice to the relevant entitled persons where the name or address of such a person is either not known or cannot be reasonably ascertained.This document is only relevant to EPAs dated BEFORE 26th April, 2023.
Use this document to revoke a general or ordinary power of attorney that you, or a company, have previously granted to another person or persons. When a person, or company, appoints another person to act on their behalf under a general power of attorney, their authority to act continues until the power of attorney is revoked. The general power of attorney may normally be revoked at any time. While less common, some powers of attorney are stated to be irrevocable by the donor - it is important to ensure that the power of attorney you wish to revoke does not include such a condition.
You may revoke an enduring power of attorney at any time prior to registration by using this document. This will cancel the power of attorney so it no longer has any effect. An enduring power of attorney only becomes effective once it is registered with the Registrar of the Wards of Court. Once registered, however, it can only be revoked with permission of the High court. This document is only relevant to EPAs dated BEFORE 26th April, 2023.
By answering all of the questions in this document process LawOnline will complete the Inland Revenue Affidavit (Form CA24) including all numeric calculations. Where appropriate explanatory notes accompany the questions asked.
When someone dies without a Will, his/her estate needs to be administered, i.e. the process of paying any debts, collecting assets and distributing them to those who are legally entitled. To administer the estate those who are entitled to do so must apply for a grant of 'letters of administration' by completing an 'Oath of administrator' as well as providing a 'bond'. This process enables the oath including bond to be drafted including automatically generating the details of title. This document is NOT suitable for single or multiple applicants who are grandparents, aunts or uncles, great-grandparents, other remoter next-of-kin or others not related to the deceased.
WARNING: THIS DRAFTING PROCESS IS IN BETA TEST MODE AND DOES NOT FORM ANY PART OF OUR PAY-PER-USE OR SUBSCRIPTION PLANS SERVICES. WE INVITE PRACTITIONERS TO TRY OUT THIS PROCESS AND WE WELCOME ANY FEEDBACK ON DOING SO (queries@lawonline.ie).
When someone dies without a Will, his/her estate needs to be administered (that is the process of paying any debts, collecting assets and distributing them to those who are legally entitled). To administer the estate, those who are entitled must apply for 'letters of administration'. If you are entitled to make such an application, but you do not wish to be involved in the administration of the estate, you can use this document to renounce this right. Note that by renouncing your right to a grant, you will NOT affect any entitlement you may have to benefit from the estate; you are merely declining to become involved in the administration.
If you have been appointed an executor in a Will and you do not want to act in this role, or if no executor has been appointed or, if appointed, will not or cannot act as such, and you are next in line entitled to act as executor, you can use this document to refuse your appointment. People often find, particularly after the death of a friend or relative, that they have been appointed an executor of his or her Will. They may have been unaware of the appointment and may not wish to take on the responsibility. In addition, even if they previously agreed to act as executor, they have an opportunity to change their minds. If a person does not want to act an as executor but wants to still retain the right to do so, they do not need to execute any form of document. This allows them the opportunity to come back into the administration of the estate at a later date if so desired. It is not final and is therefore more flexible compared with outright renunciation using this document.
Use this document if land, or property built on land, is held in the sole name of one person and it is intended to give rights in the land or property to another person but where a simple transfer of legal title to the property to that person may be inappropriate, e.g. where one person provides the money required to purchase the property but wishes to remain anonymous at the time of purchase. This document is not suitable for use where land or property is held in the names of more than one person.
This document may be used where either one person holds property and wishes to declare a trust relating to its ownership or where two people hold property and wish to set out the way in which they own the property. While the document is intended for use primarily with real property, i.e. land and buildings, it may also be used for any other type of assets. The document allows the property to be held so that upon the death of the first owner, it passes either to the survivor or alternatively to one of their heirs.
Use this document to create a trust in respect of personal property; i.e. property other than land, or property built on land (sometimes referred to as 'real' property). Personal property can include personal possessions (i.e. items that you can touch and move such as vehicles, furniture, boats, collectables, etc.) and intangible assets (i.e. items that you cannot touch such as the rights to the proceeds of an insurance policy or investment; the right to receive payment of a debt; intellectual property rights, etc.). Where there is more than one beneficiary, this document will enable you to provide that the property (or the relevant part of the property) will be given, or that the debt (or the relevant part of the debt) will be passed, to the beneficiaries either in equal shares between them or in specified percentage shares. This document is not suitable for use where the item of personal property is owned by more than one person.
This document allows a person, partnership or company (the nominee) to transfer their ownership in company shares to another (the beneficiary) while retaining the shares in their name. Where, for example, a company requires shareholders to fulfil certain criteria and the person to whom shares are to be given does not, this document will allow an individual or entity who fulfils these criteria to hold the shares on the latter's behalf. The person or entity who holds the shares in trust must act in accordance with the instructions of the person owning the shares, i.e. the beneficiary. This document is only suitable for company shares. There can be one or more beneficiaries.
This document creates a simple trust for the benefit of a single beneficiary and his or her family. The income of the trust fund is payable to the beneficiary (called the 'life tenant') for his or her lifetime. On the life tenant's death, the income is payable to the life tenant's widow or widower and thereafter both the capital and income of the trust fund are payable to the life tenant's children in equal shares. The trust property is placed in the hands of specifically named trustees. This arrangement provides the life tenant with financial assistance during their lifetime while ensuring that control is maintained over the ultimate disposal of the capital assets to other members of the family.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. If an executor named in your Will dies, you can use this codicil to appoint another person to act in their place as an executor. In all other respects, your Will remains unchanged. It is important that your new executor be given the same type of appointment as the executor they are replacing. In your Will, that executor would have been appointed either solely as an executor or as an executor and trustee. Please note that this Will cannot be used if you already have five or more codicils to your Will, in which case we recommend that you draft a new Will instead.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. The purpose of this particular codicil is to enable you to make a gift of money, an item or asset, or part or all of your residuary estate, to an Irish amateur sports club (your residuary estate is what remains after paying any debts, taxes and expenses, and deducting the value of any specific gifts that you have made in your Will). In all other respects, your Will remains the same. Please note that you cannot use this codicil if you already have five or more codicils to your Will, in which case we recommend that you draft a new Will.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. The purpose of this particular codicil is to enable you to make a gift of money, an item or asset, or part or all of your residuary estate, to an Irish charity (your residuary estate is what remains after paying any debts, taxes and expenses, and deducting the value of any specific gifts that you have made in your Will). In all other respects, your Will remains the same. Please note that you cannot use this codicil if you already have five or more codicils to your Will, in which case we recommend that you draft a new Will.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. To make another gift of money or a specific item to a beneficiary named in your Will, you can use this codicil to do so. In all other respects, your Will remains the same. Please note that you cannot use this codicil if you already have five or more codicils to your Will, in which case we recommend that you draft a new Will.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. This particular codicil will cancel a gift which you have left to a beneficiary in your Will. In all other aspects, your Will remains the same. In order to use this codicil, make sure that when read together with the codicil your Will makes a gift of your residuary estate (the remainder of your estate after everything else in your Will has been given away), otherwise what is called a partial intestacy may occur. Partial intestacy is where some, but not all, of a deceased's assets are given away. You cannot use this document if you already have five or more codicils to your existing Will (in which case, you should draft a new Will).
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. If you need to revoke the appointment of an executor in your Will and replace him/her with a substitute, you can use this codicil to do so. You might do this if one of your executors is unable to act as your executor or if you decide to change your executor. In all other respects, your Will remains the same. It is important that your new executor be given the same type of appointment as the executor they are replacing. In your Will, that executor would have been appointed either solely as an executor or as an executor and trustee. Please note that you cannot use this codicil if you already have five or more codicils to your existing Will, at which point we recommend that you draft a new Will.
If you would like to make some relatively simple and straightforward amendments or alterations to your Will, but you do not wish to create a new Will, you should use a codicil to do so. If you wish to revoke a specific gift (e.g. a car, furniture) or pecuniary gift (i.e. money) given in your Will and give that same gift (or a different gift) to someone else, you can use this codicil to do so. This codicil will not change anything else in your Will. If, in this codicil, you choose to replace the original gift with a different gift, then the original gift will not be left to anyone. In this case make sure that your Will (as amended by this and any other codicil) makes a gift of your residuary estate, i.e. the remainder of your estate after everything else in your Will has been given away. Otherwise what is called a partial intestacy may occur. Partial intestacy is where some, but not all, of a deceased's assets are given away.Please note that this codicil is not appropriate for use if your current Will has more than five codicils to it.
Use this document to set out your wishes regarding healthcare and how you want to be treated if you become seriously ill and unable to make or communicate your own choices. Your wishes can be either that certain treatment should not be provided in specified circumstances (and these wishes can be binding on medical staff), or that you should be treated or cared for in a particular way (these wishes are not binding on medical staff but should be taken into account). The legislation enabling advance healthcare directives has yet to commence but such a directive may be valid and enforceable, however, because by making such a statement you may have withdrawn your consent to specific medical or surgical treatment.
This basic Will is suitable for anyone who is married or in a civil partnership where only one party needs to make a Will or where both parties wish to make a separate Will with differing wishes (if you both want to make a Will with the same wishes you can use the LawOnline document 'Mutual/Mirror Wills for married couples or civil partners' (WL005) which is a pair of Wills for married couples or civil partners). This Will leaves your entire estate to your spouse or civil partner but also allows you to name alternative beneficiaries in the event that your spouse or civil partner predeceases you. You can leave your estate to such alternative beneficiaries either in equal shares or in varying percentages. You can also name your executors and, if required, their substitutes, appoint guardians for any children and specify burial arrangements amongst other matters. It also deals with foreign assets located in certain EU countries other than Ireland.
This Will is designed for someone who is not married or joined in a civil partnership, whether or not they have a partner and whether or not they have any children. It allows you to make as many gifts of money or specific items as you would like to as many persons and organisations as you would like, such as to Irish charites, amateur sports clubs etc.. You are able to leave the remainder of your estate after making any gifts (i.e. the residuary estate) to as many persons and organisations as you would like, either in equal shares or in varying percentages. You can also name your executors and, if required, their substitutes, appoint guardians for your children, make provisions for the care of pets, specify burial arrangements etc.. It also deals with foreign assets located in certain EU countries other than Ireland.
This Will is suitable for anyone who is married or in a civil partnership where only one party needs to make a Will or where both parties wish to make a separate Will with differing wishes. If you both want to make a Will with the same wishes you can use the LawOnline document 'Mutual/Mirror Wills for married couples or civil partners' (WL005) which is a pair of Wills for married couples or civil partners. This Will allows you to make as many gifts of money or specific items as you wish to as many persons and organisations, such as Irish charities and amateur sports clubs, as you wish. You can leave the remainder of your estate after making any specific gifts (i.e. the residuary estate) either in equal shares or in varying percentages. You can also name your executors and, if required, their substitutes, appoint guardians for your children, make provisions for the care of pets and specify burial arrangements amongst other matters. It also deals with foreign assets located in certain EU countries other than Ireland.
A letter of wishes is an informal letter addressed to your executors or to the trustees of any trust created by your Will. It is used to tell them what you would like to happen following your death. Unlike your Will, the letter of wishes does not become publicly available when you die. It can be used to help or guide your executors or trustees on pretty much anything you wish. A letter of wishes can be a very useful document in assisting your executors, and you should therefore give serious thought to writing one, and updating it periodically. It may also serve as evidence to defend a claim, for example, by any dependants who challenge your Will on the grounds that you have not made proper provision for that child or children during their lifetime.
This document creates two Wills either for a married couple or for two people in a civil partnership with each other. The Wills can be created as Mirror Wills or as Mutual Wills. Mirror Wills are Wills made by two people in substantially the same terms. Mutual Wills are Mirror Wills, but with one crucial additional feature, which is that Mutual Wills are based on an agreement that neither of the people making the Mutual Wills may later cancel or change their Will without the consent of the other person. These Wills allow you to make as many gifts of money or specific items as you wish to as many people and organisations, such as Irish charities and amateur sports clubs, as you wish. You can leave the remainder of your estate after making any gifts (i.e. the residuary estate) to as many persons you wish, either in equal shares or in varying percentages. You can also name your executors and, if required, their substitutes, appoint guardians for your children, make provisions for the care of pets and specify burial arrangements amongst other matters. It also deals with foreign assets located in certain EU countries other than Ireland.
Consultation, of up to one hour in duration, with William J Brennan & Co. Solicitors for the purpose of providing legal advice to the client in relation to a specific document drafted on LawOnline.
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