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…..

Legal advice for setting up a new business

Question: I am thinking about setting up a new business.  What legal issues should I be looking out for? Answer:  In the midst of all the current doom and gloom one of the more encouraging signs is the number of people who are setting up their own business.  While I appreciate that everyone is anxious […]

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Difficulity securing insurance for unlet residential investment property.

Question: I have a residential investment property which currently is unlet.  On renewing the insurance for the property I found it very difficult to get the full insurance I required.  Is this common? Answer: As you are aware from reading the newspapers there is quite a considerable amount of residential property in this country which […]

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Does a property owned in joint names automatically transfer to the survivor if one party dies?

Question: Last week you made reference to property being owned in joint names and passing automatically to the survivor if one of the joint owners dies.  Is this always the case? Answer:  No, there are essentially two ways in which property can be held as co-owners.  Firstly there is what is known as a joint […]

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Have I the right to make a Will as I please?

Question: If I make a Will have I the right to make the Will as I please?  Are there any restrictions on what I can do? Answer: In general terms you can dispose of your property as you see fit except for the following. Firstly if you are married, a surviving spouse is legally entitled […]

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I have invented a product, where do I go from here?

Question: I believe that I have invented a product which may have a commercial application.  Where do I go from here? Answer:  Some people might think that this query is esoteric but you would be surprised how many inventions are made each year, often by people who came from a different walk of life to […]

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Package holiday rights

Question: I got a great deal on a package holiday recently but there was nothing but problems on the holiday, mainly because it was nothing like the brochure.  Have I any remedy?  Answer: The Package Holidays and Travel Trade Act of 1995 protects consumers who book a package holiday booked in Ireland.  Information contained in […]

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What exactly is a mortgage?

Question: I am a first time buyer and have recently been approved for a mortgage.  What exactly is a mortgage? Answer:  A mortgage is a loan agreement under which certain property is given as security for the loan.  Historically the mortgagor (i.e. the person who is borrowing the money) actually transferred his title in the […]

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Setting up a new business – do I need to provide access to persons with disability?

Question: I am thinking of opening up a business but the premises that I would like to use is old and will need quite a bit of work.  I was told that the premises may need a substantial amount of work to allow access to persons with disability.  Is this correct? Answer: There are new […]

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Does the bank have the right to repossess my car if I am in arrears with payments?

Question: I bought a car last year but I am having difficulty in keeping up with the repayments.  Does the bank have the right to repossess my car if I am in arrears?  Answer:  It is not clear from your question whether you financed the purchase of your car by way of a personal loan […]

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Passing wealth to children

Question: Recently I made my Will.  I am in good health and therefore it may be some time before my children will inherit anything.  It seems to me that I should perhaps consider passing some property to my children now so they have the benefit of it when it is of most use to them.  […]

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