Category Archives: FAQs

From time to time you may have a legal query that you would like advice on and our frequently asked questions section may be able to help you. This section is a compilation of questions that have appeared in the regular Westmeath Examiner column written by our partner, John Shaw. Each week John will add another topic of interest for our clients and Westmeath Examiner readers. Feel free to refer family, friends and colleagues to this section. Topics covered include: Employment Law, Family Law, Mortgage and Contract Law, Consumer Law and much more…..

Transfer of land to children – tax changes

Question: I have some land which I am thinking of transferring to one of my children.  I note that the Minister for Finance has announced significant tax changes in the National Recovery Plan.  Will these affect me? Answer: Although most of the media comment in relation to the National Recovery Plan has been directed at […]

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Endowment mortgage shortfall

Question: I have an endowment mortgage on my home and the 20 year term will be up shortly.  However it looks like there is going to be a shortfall in my endowment fund and there will not be enough to repay the original capital.  Is there anything I can do? Answer:  Endowment mortgages were particularly […]

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Employees inappropriate web access – grounds for dismissal?

Question: I have a suspicion that one of my employees is accessing inappropriate websites on their computer.  Is this grounds for dismissing him? Answer: Most companies now provide some level of internet access to their employees for business purposes.  It would be normal practice for employees to have access to the internet for some matters […]

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Prenuptial agreement

Question: I am thinking about getting married next year and I am wondering whether I should have a prenuptial agreement.  Is such an agreement enforceable under Irish Law? Answer:  It is easy to forget when one is getting married that you are entering into a binding legal contract with certain implied terms and conditions.  Like […]

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What legal information about my company must I include on my website?

Question: My business is run through a limited liability company and I have recently set up a website.  What legal information about the company must I include on the website? Answer: If you are trading as a limited company, there are specific details which must be included on your website.  These details are broadly similar […]

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Is a standard set of terms and conditions advisable for a small business?

Question: I run a small successful service business but I do not have a standard set of terms and conditions.  Is this advisable? Answer:  I think it is advisable for any business to have a standard set of terms and conditions.  If you are dealing primarily with consumers you are limited in what you can […]

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As the Executor of a will do I need to deduct Inheritance Tax for the beneficiary?

Question: I am the Executor of a Will and I am about to pay out various legacies.  Some of these are quite substantial and the beneficiary would have an Inheritance Tax liability.  Do I have to deduct the tax that might be paid or can I simply pay out to the beneficiary? Answer: Recent changes […]

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Planning permission

Question: I obtained planning permission to build a house a few years ago but I am not in a position to start building due to economic circumstances.  I do not want to have to re-apply for planning as it was hard enough to get permission the first time.  Is there anything I can do to […]

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Tenants rights

Question: I live in rented accommodation and have always paid my rent directly to the landlord in cash or by cheque.  However recently my landlord is claiming there are arrears of rent and I think I have paid everything that is due.  How can I sort this out? Answer: Firstly as a tenant you are […]

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Borrowings exceed assests – what is the situation if I die?

Question: I have substantial borrowings and I am concerned about what will happen if I die.  As matters stand the value of my assets would not exceed my liabilities? Answer:  Up until recently this was a rare occurrence but I suspect it is likely to happen more frequently as the levels of increased debt hit […]

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