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Making A Will in Ireland

Making A Will in Ireland

One of the most important things you will do in your lifetime is to make a Will.  There are many benefits of having a Will as well as negative consequences of dying without a Will.  Here Joanne Leetch, Senior Associate Solicitor at CallanTansey Solicitors, addresses the questions that we are most frequently asked about making a Will

What is a Will?

Typed up Will and TestamentA will is a written document which contains a person’s wishes as to what is to happen to their property, money and personal belongings following their death. It may also contain directions about funeral arrangements, burial etc.,

Why do you need a Will?

  1. To ensure that your property and assets pass to the person(s) you wish to benefit following your death.
  2. To protect those to whom you owe a legal and/or moral duty of care e.g. spouse, children or other dependants
  3. To provide an opportunity to minimise possible adverse tax consequences.
  4. To ensure that your affairs are administered by your chosen person (namely the Executor).

Who can make a Will?

A person who is over the age of 18 years or is married, or has been married, and is of sound mind.

What is required to make a Will?

A Will must be in writing and signed at the bottom by the person making the Will (i.e. the Testator) in the presence of two witnesses both of whom witness the Will in the presence of the Testator.

By either: –

  1. By executing a Codicil to the Will – this is a further written statement either by way of postscript or document to be attached to and read in conjunction with the original Will. The same rules regarding execution, as explained above, apply to the making of a Codicil.
  2. By making a new/fresh Will with the intention of revoking any previous Will.

Do you need a Solicitor when you are making a Will?

No, it is not necessary.  However, it is advisable as

  1. A Solicitor will ensure compliance with the statutory provisions as set out above.
  2. A Solicitor will provide advice and guidance.
  3. A Solicitor can act as one of the witnesses of the Will (which can make it easier to have the Will admitted to Probate following death.)

What is A Grant of Probate?

This is the document which issues from The High Court Probate Office proving the Will and the appointment of the Executor.  This document allow the Executor gather the assets of the deceased (e.g. Money in the bank), pay and debts or liabilities, sell assets if required (e.g. property) and ultimately divide and allocate the estate to those entitled in accordance with the Will.

 What is an Executor?

The person named in the Will whom the Testator wants to execute his or her wishes.

What is an Enduring Power of Attorney?

This is a document in which a person authorises one, or a number of persons, to have the power to act on their behalf if at some stage in the future, that person ceases to have mental capacity.

What does capacity mean when making a Will?

The test is whether a person has functional capacity and are capable of giving instructions in relation to their wishes.  In other words, do they understand:

  1. That they are making a Will that will deal with their estate on their death
  2. The nature and extent of their property and assets
  3. Those whom they wish to benefit (including those to whom they have a legal or other obligation)

Who determines capacity when making a Will?

The Solicitor has the primary obligation of determining capacity.  The functional test referred to above is a legal test.  However, a prudent Solicitor will, if appropriate, seek a report from the testator’s (the person making the Will) GP as to whether in his/her opinion the testator has capacity. The Solicitor will also make careful notes which together with the doctor’s report may assist in the easier extraction of a Grant of Probate.

What happens if I die without making a Will?

Your estate will pass to those entitled as prescribed by law (i.e. your next of kin).   The rules of succession are set out in the Succession Act 1965.  This may not be in accordance with your wishes.

Can making a Will help reduce inheritance tax?

The making of a Will itself does not necessarily help reduce inheritance tax.  However, a person when making a Will can decide to their leave their assets in such a way to reduce inheritance tax.  The advice of a Solicitor can be very helpful in this regard.

For further information, please contact Joanne Leetch at Callan Tansey Solicitors.

Hospital apologises after man’s death during CVC removal

Hospital apologises after man’s death during CVC removal

Martin Best of Childers Heights, Ballina died in hospital in January 2019 after a procedure to have a central venous catheter (CVC) line removed.

The deceased had longstanding chronic obstructive pulmonary disease and on or about the 29 December 2018 he experienced breathing difficulties, and he became increasingly wheezy by reason of which he was attended the said hospital.  Investigations were conducted, including chest X-rays, and he was subsequently discharged in the early hours of the 30 December 2018.  The deceased was contacted by the Defendant, its servants and/or agents on the 31 December 2018 who advised him that, upon reviewing the said chest X-rays, there was an area of clinical suspicion and that further imaging needed to be undertaken.  In the early hours of the 1 January 2019 the deceased became very breathless and attended the said hospital where a CT scan was performed.  The deceased was subsequently admitted to the said hospital.  His condition deteriorated when he developed respiratory failure (Hypercapnic Type II) in association with rapid atrial fibrillation.  On or about the 3 January 2019, the deceased was transferred to a Critical Care Unit at the said hospital for non-invasive ventilatory support and treatment of atrial fibrillation with Amiodarone, which necessitated the placement of a central venous catheter in his neck.

By the 4 January 2019, the deceased’s condition had improved to the extent that it was considered that he was approaching being well enough to be discharged from the said unit.  The deceased was subsequently discharged from the said unit and transferred to a ward at the said hospital with the said central venous catheter in place.

On or about the 8 January 2019, the Defendant, its servants and/or agents removed the said central venous catheter from the deceased’s neck and, in the course thereof, caused, allowed and/or permitted a venous air embolism to occur in his blood circulation system as a result of which he immediately collapsed and as a result of which he sustained a catastrophic neurological injury which ultimately, and tragically, led to his death on the 12 January 2019.

Martin’s daughter Sharon Best said, “I hope that lessons can be learned from my late Dad’s death.  I would encourage a nationwide protocol to be introduced for the safe removal of CVC lines to prevent similar future deaths occurring”.

Mr David O’Malley acting for the family said, “A regrettable part of this tragic death was the failure of the Hospital to notify the Coroner resulting in a delay of an Inquest taking place.  It is important for all sudden unexplained deaths to be notified to Coroners immediately”.

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Fatal Accidents on the Road

Fatal Accidents on the Road

The most recent statistics from the Road Safety Authority (RSA) (for the period from 1st January- 31st December, 2023) confirm that in 2023 there were 184 fatalities on the road in Ireland. This represents a 19% increase from 2022 figures for the same period. The statistics further confirm that of the total number: –

  • 1/4 of fatalities were aged between 16-25 years
  • 78% male/ 22% female
  • 1/2 of fatalities occurred between 8pm- 8am
  • 1/2 of fatalities occurred between Friday- Sunday
  • Over 1/2 of fatalities arose following a single vehicle collision
  • The monthly average is 15 fatalities per month (2022 average 13 fatalities per month)
  • There is a significant increase in passenger and pedestrian fatalities.
  • Counties Tipperary (16), Cork (15), Dublin (15), Galway (13) and Mayo (12) have recorded the highest numbers year to date.

Policing Statistics from An Garda Siochana confirm figures to date as 20 deaths year to date (8th February, 2024).

Here our Caroline McLaughlin, Partner discusses frequently asked questions following fatal accidents on the road.

What do I do if I witness a fatal road accident?

If you witness a fatal road traffic accident you should immediately make, contact with the emergency services. You should provide your name and contact details to members of an Garda Siochana present or make contact afterwards. You should keep note of what you observe in the area, the position of vehicles, weather conditions, speed and anything other information which may be relevant to any Garda investigation. You should provide a witness statement to the investigating Gardai when requested. If you have dash camera footage you should retain same and make available to the investigating Garda. If what you witness causes you any distress, you should seek medical attention to assist you in dealing with what you have witnessed. If you have suffered an injury from your experience, you should seek legal advice.

 

What do I do if I am involved in a fatal road accident?

If you are involved in an accident which results in a fatality you should ensure that the emergency services and Gardai are immediately notified. You should follow their guidance at the scene. You should make all relevant information available so that the Gardai can fully investigate the circumstances of the incident. If you are involved as a driver, you should notify your insurance company of your involvement. Your vehicle may be held by An Garda Siochana for further investigations.

 

What do I do if a loved one is the victim of a fatal road accident?

If your loved one is the victim of a fatal road accident, we express our deepest sympathies to you. In the aftermath of a fatality not all information will be available. Dealing with the trauma of a bereavement is an extremely difficult time for any family. There may be an ongoing Garda investigation which will involve taking statements from witnesses and gathering essential evidence. The Gardai will appoint a Garda Family Liaison Officer to inform the family as to what is happening and further steps. There may be unanswered questions for a considerable period of time until investigations are concluded, and an Inquest takes place. Depending on the circumstances of the incident it may be necessary to obtain legal advice from a Solictor to advise on the legal processes involved to bring a fatal injury action.

 

What is a fatal injury?

When a wrongful act of another results in death a fatal injury action may be maintained by those defined by law as a dependent of the deceased.

 

Who is a dependent?

The list of persons classed as dependent are: –

  • A spouse, civil partner (as defined by law), parent, grandparent, stepparent, child, grandchild, stepchild, brother, sister, half-brother, half sister
  • A person whose marriage to the deceased was dissolved by decree of divorce
  • A person whose civil partnership was dissolved by decree of dissolution
  • A person with whom the deceased was living with as husband and wife for a continuous period of not less than 3 years.

 

Are there time periods I need to be aware of?

Under Irish Law an action relating to a fatal injury must be commenced within a period of 2 years. There is a further obligation to notify of intention to bring a case within a period of one month however, for those dealing with a bereavement it may not be possible for a family to obtain legal advice within this time period. In those circumstances legal advice should be obtained at the earliest opportunity.

 

Seek support

There are various support group in Ireland that can provide support to families including PARC Road Safety Group and the Irish Road Victims Association (IRVA). If required support should also be obtained from medical advisors.

Caroline McLaughlin is a Partner at Callan Tansey Solicitors LLP in the Personal Injury* Department. She is an expert in Personal injury*/ fatal injury* actions. If you have questions about any of the issues raised in this article, or any other matters relating to Fatal Injury* you can contact Caroline directly here.

*In contentious business, a solicitor may not calculate fees or charges as a percentage or proportion of any award or settlement.

Stillbirth of baby could have been avoided if doctors had delivered the boy earlier, inquest hears

Stillbirth of baby could have been avoided if doctors had delivered the boy earlier, inquest hears

The inquest into the stillbirth of baby Noah O’Shea-Rodgers at Wexford General Hospital in 2020 concluded with a verdict of medical misadventure. The jury found that the baby’s death could have been avoided if doctors had delivered him at an earlier stage due to complications with the mother’s preeclampsia, a condition associated with high blood pressure in pregnant women.

Expert witness Professor Fergal Malone criticised several aspects of the care provided to the baby’s mother, Claire O’Shea, including a delay in deciding to perform an emergency caesarean section, missed opportunities to diagnose preeclampsia, and a delay in confirming the diagnosis due to laboratory test limitations. The inquest revealed that Ms. O’Shea had demonstrated warning signs of severe preeclampsia, and the baby’s death resulted from a lack of oxygen caused by a severing of the placenta linked to the mother’s condition.

Prof Malone stated that there was no doubt the baby would have been born alive and healthy if delivered earlier, especially after warning signs had been observed. The delay in delivery, up to 24 hours, was deemed “probably unwise,” and the appropriate decision for an emergency caesarean section was acknowledged once the baby’s heartbeat started deteriorating.

The jury recommended that HSE guidelines on the diagnosis and treatment of preeclampsia be circulated to staff at Wexford General Hospital. The verdict of medical misadventure did not blame or exonerate anyone for the baby’s death. The parents, Claire O’Shea and Shane Rodgers, expressed their hurt and anger over the late diagnosis of preeclampsia and emphasised that Noah’s life might have been saved with proper care.

Following the Inquest, solicitors for Noah’s parents Mr. John Kelly from Callan Tansey Solicitors LLP said Noah’s death was an absolutely tragedy” – a child deprived of life and parents deprived of their healthy child”. “It is a tragedy that should not have happened and was preventable,” said Mr Kelly.  He said preeclampsia was a well-recognised condition in pregnant women with well-established guidelines for the management of the condition. 

However, he said Ms O’Shea’s condition was negligently mismanaged.  Mr Kelly said the verdict justified their pursuit of the case since 2020 and more importantly it raised awareness among the public and medical staff so that someone with MS O’Shea’s condition would “speak up louder” in future and question their medical treatment, while medical staff might listen more attentively to patients.

“Perhaps a life could be saved and a child may have the chance of life.  Tragically for Shane and Claire, Noah wasn’t given that chance ,” Mr Kelly concluded.

 

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Case Involving Toddler Who Swallows Battery

Case Involving Toddler Who Swallows Battery

One of our medical negligence solicitors acted for Aaron Sikorski who at 14 months of age, swallowed a button battery. It was alleged that despite his mother consistently telling the GP and A&E doctors of her fear that he had, an x-ray was not performed. Aaron ended up requiring transfer to Crumlin for emergency surgery; Aaron was left with significant scarring, some difficulties eating and psychological trauma.

On Wednesday, 17th of January 2024, the High Court will rule on the settlement of a medical negligence case involving Aaron Sikorski, a boy who at fourteen months of age, swallowed a button battery. An alleged negligent delay in arranging investigation and removal of the battery by both the GP and those at Galway University Hospital, meant multiple opportunities to avoid the development of a trachea-oesophageal fistula were missed. The case was brought against both the GP, Dr Maire McGarry and the Health Service Executive.

On 25th July 2018, Marlena left her son Aaron on the floor, so that she could pour a cup of coffee. It was approximately 10:15am. She then heard Aaron choking and saw that he was over by the drawer. She thought this drawer had been cleared but she knew that it was ordinarily where the batteries were kept. She immediately suspected that he had choked on a battery. She shoved her fingers down his throat to try and clearly obstruction, and he threw up. Marlena telephoned the GP practice and told the secretary that she suspected Aaron had swallowed battery. The secretary told her to come in straight away. Marlena took it from the tenor of the secretary’s voice, that they would be seen immediately on arrival. When they arrived at approximately 10:30am, Marlena was frustrated to be left waiting in the waiting room while the GP saw another patient. She remembers looking at the clock and it was 11:00am, immediately before she was called into the GP’s room. Marlena alleges that she told the GP that she found Aaron by the drawer choking, and she believed he may have swallowed a button battery that she recalled had been in that drawer. The GP listened to the chest and asked Marlena if anybody in the family had been sick recently. Marlena told the GP that her daughter had had a high temperature, the weekend before. The GP concluded that Aaron could be dehydrated and advised fluids and Paracetamol.

Aaron continued to exhibit choking/breathing difficulties overnight and Marlena took an audio recording on her phone which she has retained. She brought Aaron to the GP clinic, first thing the following morning, 26th July. She showed the audio recording to Dr McGarry. The GP did not consider the need for referral or an x-ray and noted that he had had a high temperature overnight and had vomited again. His mother reported a difficulty in swallowing and mentioned her fear that he had swallowed a battery but again, no significance was attached to this. The GP advised that it could be croup.

On 27th July 2018 Marlena took Aaron to the Accident & Emergency Department in Galway University Hospital. The nursing records clearly document that there was a possibility of Aaron having ingested a battery, per Marlena. It was noted that he had difficulty breathing and that he was not eating. He was seen by a Registrar who noted that he also had irritability, that he had developed a temperature and coughing, and that he had bilateral air entry with no wheeze and no crepitations.

It is alleged that there was a failure to take a proper history and a failure to arrange a chest x-ray. The nursing records imply that the nursing staff discussed Aaron having a chest x-ray with the Registrar, but that suggestion was not acted upon. Aaron was subsequently seen by the pediatric team where again, an inadequate history was taken, there was poor communication with the nursing team and the possibility of a swallowed foreign body was overlooked. No chest x-ray was performed.

It is alleged that if an adequate history and chest x-ray had been taken at that stage the presence of a button battery would have been identified and it could have been removed. It would not have leaked, and the Plaintiff would have been spared the harm he came to.

Marlena brought Aaron back to the GP on 2nd August 2018 when it was noted that he had been assessed in hospital and still had stridor at night. An examination was carried out which revealed no abnormality. He was thought to have mild croup and was given more prednisolone, an inhaler and advice.

On 3rd August the Plaintiff returned to the GP and was referred back to the hospital. Following review in hospital he was found to have a polyphonic wheeze. A chest x-ray and gastrografin swallow showed a foreign body. The doctor who spoke with Marlena told her it was believed to be a coin and she said, much as she had all along that it was a button battery.

Aaron was referred to the ENT team and taken for emergency surgery and it was indeed confirmed to have been a button battery. The foreign body was removed, but Aaron was found to have oedema around the oesophagus. A subsequent gastrografin swallow showed a trachea-oesophageal fistula (TOF). Aaron required transfer to a specialist tertiary referral for significant and complex surgery in Crumlin on 4th August. The Paediatric Surgeon came to speak Marlena that night in Crumlin. She was visibly upset; she told Marlena that she did not know yet what they could do to help Aaron and they would seek guidance from Great Ormond Street Hospital in London. The Surgeon placed a call and Marlena was shocked at the number of medics that entered the room. To Marlena, they all appeared upset and concerned when they were told how serious Aaron’s situation was.

Aaron required additional surgeries to treat the TOF, and he has now been left with extensive surgical scarring. psychological trauma and residual dysmotility. His dysphagia (difficulty swallowing) has now resolved.

The Health Service Executive has in the course of the proceedings admitted breach of duty (liability) but puts Aaron on proof of causation; Dr Maire McGarry denies liability.

A settlement offer of €220,000 to include the cost of future treatments and therapies has been accepted.

Our Solicitor on behalf of Aaron’s family:

This is every parent’s worst nightmare. Marlena told multiple doctors over three days, that she feared her one-year-old boy had swallowed a battery. A simple x-ray would have confirmed that but the opportunities to arrange one were missed. All the while, the battery was leaking and corroding Aaron’s throat. Simply put, had Marlena been listened to, Aaron would not have suffered these horrific injuries.

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Settlement of €1.9m after woman’s death after childbirth approved by Court

Settlement of €1.9m after woman’s death after childbirth approved by Court

The High Court approved a settlement of €1.9 million plus costs in the case of Nayyab Tariq, who died after childbirth at Mayo University Hospital, Castlebar on March 22, 2020. The action was taken by her husband Ayaz Ul Hassan, who was represented by one of our medical negligence solicitors from our Galway office.  He took a case against the HSE for alleged medical negligence and breach of duty following her death.

In taking the case, he alleged that Mayo University Hospital committed “a series of gross breaches of duty, in particular by miscommunication, non-communication and delaying in the recognition and treatment of shock as a result of significant post-partum haemorrhage”. He claimed in the case that the signs of the post-partum haemorrhage were not recognised by the hospital.

The Court heard that following the birth of her daughter, there were complications while Ms. Tariq was undergoing surgery to remove her placenta and she passed away in “heartrending and devastating circumstances”

An inquest into the death of Ms. Tariq was held in September 2021, and returned a verdict of “death by misadventure”.   The Saolta hospital group conducted a review of the circumstances surrounding Ms. Tariiq’s death.  The review concluded that that the delay in recognising the signs of her shock from blood loss was a causative factor in her death, along with the failure to implement basic measures for postpartum haemorrhage. In a letter to Mr. Ul Hassan tunreservedly apologised for the failings in the standard of care at the hospital. The HSE has admitted liability.

Mr. Ul Hassan, is a biomedical scientist, and met Ms Tariq, in 2014. The couple married in 2017, and  began living together in Ireland in 2018 when Ms. Tariq moved from Lahore in Pakistan.  In 2019 she graduated from University College Cork and was working as a pharmacist and living in Ballyhaunis at the time of her death.

Speaking outside the court, Mr. Ul Hassan said he is “still processing everything” following his wife’s death and, adding: “I don’t think it’s something that can be put into words. It’s just something no one should have to face and go through, and I never got to experience the fatherhood that I should have and was forced into being a single parent and raising my daughter.”

Ayaz Ul Hassan and solicitor Johan Verbruggen He added that “he could not have done it without the support of his family and friends”. He said his daughter Nayyab, who was named after her mother, is “doing good, she’s very good”. She will be four years old in March and she is having a last day of school today before her Christmas break. “I can’t wait to go back and pick her up.”

 

 

 

 

Johan Verbruggen and Ayaz Ul Hassan outside the High Court IMAGE: Jane Moore / The Journal

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What to Do If You Experience Domestic Abuse in Ireland

What to Do If You Experience Domestic Abuse in Ireland

Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse, and coercive control.  Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are experiencing domestic abuse.

 

If you are subject to domestic violence you can make immediate applications to the District Court for orders such as an Interim Barring Order or Protection Order. These applications can be made to a District Court Judge at relatively short notice to the Court Clerk. If there is an immediate risk of danger to you an emergency order can be obtained on a temporary basis until the full hearing of your case before the court.

 

What is the Difference Between a Safety Order, a Barring Order, and a Protection Order?

 

 

Safety Order

A Safety Order is an order of the court which prohibits a person from further violence and threats of violence. There is no obligation on the party whom a Safety Order is made against to vacate the home. If the person does not reside with you the Safety Order can prohibit them from watching or being near your home to include restricting communication with you.

 

Barring Order

A Barring Order on the other hand directs the person to vacate the home. It prohibits the person from entering a place until further order of the court or until such time as specified by the court. A Barring Order can prohibit the person from using threatening behaviour or violence against the person or molesting or putting in fear the person. It also prohibits them from watching a place where the person resides and engaging in communication electronically or otherwise or following the applicant. A Barring Order can remain in place for up to 3 years after its initial ordering and it can be renewed if necessary.

 

Protection Order

If you have applied for a Safety Order or a Barring Order and you are awaiting a hearing before the court it is possible to obtain an interim order. This is an order which lasts until the hearing of your case.  Such an order is a Protection Order and it is granted in circumstances where there are reasonable grounds for believing that the safety or welfare of a person requires the making of a Protection Order.  An application for a Protection Order can be made Ex parte.  This means that the person against whom the order is made is not aware of the application for the order.

 

When there is an Immediate Risk of Harm from Domestic Abuse

 

If there is an immediate risk of significant harm to you or a dependent person you can make an immediate application to the court for an emergency Barring Order which will require the abusive person to vacate the home immediately and prohibits that person from re-entering the home. Such an order can be obtained in the District Court and will last for eight days at which point an application for a permanent Barring Order should be made.

 

When to Seek Help For Domestic Abuse

 

Any person living in a controlling or abusive relationship should seek help. There are many supports available through Women’s Aid and the Domestic Violence Advocacy Services which will support a person in making the necessary court applications. Coercive control and domestic violence can have a detrimental effect on one’s confidence and general well-being and as a result it is best to avail of help immediately and obtain the protections of the court.

It is also of note that from the 27th of November 2023 Domestic Violence Leave has come into effect allowing employees up to 5 days paid leave in a 12month period.

In my experience of dealing with victims of domestic violence the situation does not get better with time but rather worsens. The effects of a violent relationship are long-lasting on the adults and children involved. It is therefore advisable that any person who is suffering abuse at the hands of another person would seek immediate assistance.

 

If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email or phone on 071 916 2032.

 

Report examining the operation of the Coroner’s Service launched.

Report examining the operation of the Coroner’s Service launched.

The Joint Oireachtas Committee on Justice has launched the Committee’s Report on An Examination of the Operation of the Coroner’s Service. David O’Malley, Joint Managing Partner and Roger Murray SC, Partner were invited to the launch by the committee. As joint authors of the book “Medical Inquests”, they were previously invited, together with co-author Doireann O’Mahony BL, to make submissions to the committee on the running of the Coronial service.  They were also asked to appear as witnesses in front of the committee last year.

In reaching out to stakeholders to gain diverse perspectives on the operation of the Coroner’s Service, the written submissions and witnesses provided the Committee with an insight into several areas where they deemed it was most important to make improvements.

Among the key areas identified include the structure and resourcing of the Coroner’s Service; the selection of a jury for a coroner’s inquest; and the follow-up and implementation of recommendations stemming from a coroner’s inquest.

The Committee has made several recommendations for these areas and a copy of this report and recommendations will be sent to the Minister for Justice. The full report, including the submissions make by Partners at Callan Tansey Solicitors LLP is available to download free of charge here.

9 Factors Impacting Court Orders for Proper Provision in a Judicial Separation or Divorce

9 Factors Impacting Court Orders for Proper Provision in a Judicial Separation or Divorce

There is a statutory and constitutional obligation on the court to ensure proper provision is made for the parties of a Divorce. Proper provision is not defined in the family law Acts and it is a matter for the court to decide, on the merits of each case, as to what constitutes proper provision.

Legislation sets out a number of factors to be taken into account when the court is determining ancillary reliefs.  Case law has established that the best practice for a  trial Judge in dealing with a Divorce case is to consider all of the circumstances of the case regardless of the size of the assets under the factors specified in the Legislation.  Here Orlagh Sharkey, Partner and Head of Family Law, outlines those factors.

 

1. The financial resources available to each party concerned including any income/earning capacity and property.

 

Before any property is taken into account it must be established that the property is in fact owned by that party or that the person is legally entitled to it.

 

2. The financial responsibilities, obligations and needs of each party

 

The financial needs considered by the court are the reasonable needs of each party. This differs from case to case and the court will look to any special circumstances such as ill health or children who remain dependent in the marriage. The court will endeavour to provide for such needs by making periodic payment orders which are lump sum payments at certain times in the future.

3. The court will take into account the standard of living enjoyed by the family before the parties separated.

 

It is generally recognised that the standard of living of the parties following a Divorce/Separation will reduce. Through out a marriage both parties pool their resources and divide the costs and household expenses,whereas on separation there are two households to be funded with two sets of costs yet the income of those houses remain static. The court will endeavour to maintain the same standard of living enjoyed by the parties during the marriage post divorce however the reality is that this is not always possible as the assets may not allow for this.

4. Physical or Mental Disability of one or other spouse

 

If one or other spouse has a physical or mental disability this is a factor which the court will consider in making orders and the court is likely to make greater financial provision for the disabled spouse

5. Contributions by both parties

 

The court will consider the contributions made by each party throughout the relationship this includes contributions in respect of income,property,financial resources and contributions made by either party in caring for the dependent children. Caselaw has established that the role of both spouses whether financial or otherwise should be considered by the court and that a marriage is recognised as a partnership of equals therefore contributions made by a spouse which are not financial in their nature will be taken into account when the court is determining proper provision.

6. Duration of the marriage

 

The court will take into account the duration of the marriage.Generally the shorter the time that the parties have lived together the less likely it is that the court will make orders benefiting either spouse above their position prior to the marriage. Whereas the longer the duration of the marriage the more likely the court will make orders on the basis of a 50:50 division in respect of the marital assets.

7. Conduct of the parties

 

The court will consider the conduct of the spouses if the conduct is both ‘gross and obvious’. This is a considerably high threshold which has been set by case law. Generally conduct is not taken into account unless the court is of the opinion that in all the circumstances of the case it would be unjust to disregard the conduct. Generally extra martial affairs are not taken into account as they do not satisfy the threshold of ‘gross and obvious’.

 

8. Effect of roles assumed in the marriage on earning capacity

 

The court will consider if one party has assumed the role of homemaker in the marriage to the detriment of advancing their career and earning capacity. Such a sacrifice is recognised and factored into the making of ancillary reliefs.

9. Accommodation needs

 

The court will consider where each party will live on Divorce. Consideration will be given to whether the family home should be sold and how the proceeds of sale should be divided or alternatively one or other party may be in a position to “buy out” the other party.

 

As all family law cases are different and each case must be determined on its own facts the importance the court attaches to each of the above factors in deciding the case will vary depending on the circumstances of that case. There is no hierarchy in respect of the various factors but the overriding concern of the court is to ensure that proper provision is made for the parties of the case and any dependent children.

If you have any questions about the issues raised in this article you can contact Orlagh Sharkey by email at osharkey@callantansey.ie or by phone on 071 916 2032.

Callan Tansey in the Community

Callan Tansey in the Community

At Callan Tansey we believe that our success is linked to the success of our community. We are committed to integrating our social and environmental responsibilities in our business operations. It is important to us to support the local communities close to our six offices, as well as the wider community through fundraising events and environmental initiatives. Our Corporate Social Responsibility Programme (CSR) focuses on supporting cultural events and community organisations as well as fundraising for charities and voluntary organisations. Partners, Solicitors and our Professional Support Staff drive this activity. Some of the support we have given in recent years is listed below and you will find the link to apply for support here

Sponsorship to support ASD students at Summerhill College

Our firm’s links with Summerhill College stretch from the early years of the last century to the present day, with generations of Callan Tansey Solicitors and their families educated there. We are therefore delighted to support the new Practical Living Demonstration Room for ASD students.

In the course of our work we meet children and families navigating life with different abilities.  We see the challenges they often face, and the need for educational support, recognition of their ability and the importance of integrating students with their peers for social development. The work done by the Summerhill College Additional Educational Needs Team in providing support to all students is considered to be the best in the country.

The Practical Living Demonstration Room supported by Callan Tansey will be a key element for the students in the school’s Autism classes as they learn day-to-day life skills. Here they will experience diverse scenarios, enabling them to acquire a range of skills – from basic ones such as self-care and cooking to money management and travel. In repeatedly doing these daily tasks, the students grow in confidence and most importantly independence. Building on what is learned in Summerhill, they can then practice these routines at home and in the community. This room is one of a few across the country. Callan Tansey is proud to be associated with such a progressive programme.

Our Brian Gill, Partner Commercial and Employment Law was a keynote speaker at the inaugural conference on Autism, hosted by Summerhill College in Autumn 2022. He highlighted that while it was just 25 years since legislation to protect the rights of people with autism had been introduced there was a lot still to do.  Legislators need to consider positive discrimination to ensure employers with “a narrow mindset” cannot continue to keep people with disabilities our of the workplace. “A workplace that keeps people with disabilities out and keeps them on the margins is all the poorer. It’s like watching black-and-white television in a coloured world.”  Click here to read the report of the conference published in The Irish Times.

The second CIC Summerhill Autism Conference takes place on Saturday November 25th.  The conterence title is What Next? Pathways into further studies and employemnt.  The conference is for autistic young people and their familes and will be addressed by leading Adam Harris, Stefanie Preissner, Temple Grandin and Yasmeen Multani.

Sligo Grammar School Senior Rugby

Callan Tansey Solicitors is delighted to continue sponsor  the Sligo Grammar School Senior Rugby team this season.  Last season Sligo Grammar School Senior Rugby team achieved an unprecedented ‘double-double’, winning back to back Connacht Schools Senior League and Senior Cup titles

 

Sligo Grammar School is renowned  in Connacht for producing talented players and successful teams over a number of years.  Many students have been capped for Connacht Rugby at underage level over the years, including several of the current Senior Rugby Team. While a further six players have been capped for Ireland. Brian Gill, Partner at Callan Tansey Solicitors is pictured here  with members of the Senior Team who were presented with a set of jerseys and kitbags at the start of the season.

Christmas Charity Donations

 

Every December the team at Callan Tansey Solicitors LLP makes a particular effort to support both local and National charities. This year we supported three different charities

 The Society of St. Vincent de Paul provides a wide range of services for vulnerable people though its local offices.  These services include personal visiting, education grants, family support services, social housing projects, child and youth services as well as Adult and older peoples services.  We made donations to local offices in Boyle, Galway and Sligo to help support the great work done by the organisation and voluteers in our local communities.

Once again Callan Tansey Sollicitors LLP supported Focus Ireland by sponsoring a star on the Focus Ireland Christmas Tree. We share the Focus Ireland belief that everyone has the right to a place they can call home and that no child should have to face Christmas without a safe and secure home.  The organisation provides advice, information, advocacy and help with finding a home.  Since opening at its initial location in Dublin in 1985, Focus Ireland has expanded its role and activity and now provides services and housing projects across Ireland including in Sligo and Limerick.

Our team was delighted to bring some festive cheer to the offices recently by wearing their Christmas Jumpers to raise vital funds for The Children’s Health Foundation.  Many of our clients are families and young children with catastropic injuries and complex health needs.  We see at first hand the important work done by our Children’s Hospitals and the urgent need for funding to support their efforts. The funds we raised went towards the purchse of essential equipment at CHI hospitals and urgent care centres.

 

 

 

 

Boyle Arts Festival

 

Boyle Arts FestivalBoyle Arts Festival is an award winning festival which takes place in July each year. Callan Tansey Solicitors has been delighted to support this highly regarded Festival for many years. It attracts well-respected artists and performers as well as audiences from across Ireland and overseas.  During the 10 days of the festival audiences enjoy a great mix of visual arts, literature, drama, workshops and a variety of musical events and performance to suit all tastes, including clasical, traditional, jazz, and popular music..  Many events are free and tickets for other events can be bought online or at the Festival Office in Boyle.

 

Ballina Salmon Festival

 

Ballina Salmon FestivalFestivals could not happen without the hard work and support of local communities.  They represent the best elements of a community, encourage local participation and prompt visitors to travel to enjoy various events.

This year we are delighted to sponsor the Ballina Salmon Festival Busking Competition.  After a difficult few years for everyone it is lovely to once again have the opportunity to gather as communities and attend events.  It is also important that we all support the creative and artistic community who were particularly hard hit by Covid lockdowns and closures.

The busking competition has run all week across Ballina, giving talented performers a chance to showcase their talent as well as significantly contributing to the festival atmosphere. Thank you to all the wonderful performers who entered and we hope you see your audiences grow.

 

 

Darkness Into Light 2022

 

Darkness into Light 2022On a foggy and misty morning members of the Callan Tansey team from across our offices rose before dawn to participate with family and friends in the Darkness into Light walk in aid of Pieta. They were among the almost 120,000 supporters walking to raise almost €4million in much needed funds to support people affected by suicide and self-harm.

 

March Into March 2022

 

March Into March

We were delighted to support our neighbours Sligo Cancer Support Centre in their recent March into March Fundraiser and present them with much needed funds. Pictured are some of our team who participated in the fundraiser and members of the Sligo Cancer Suppert Centre. Aoife Bromley, Majella Lynch, Annamaria Toolan, Attracta Higgins, Caroline McLaughlin, Loretta Coyne (Sligo Cancer Support Centre), Bridget Kerrigan (Sligo Cancer Support Centre)

 

Pocket Forest at Callan Tansey Ballina

 

Pocket Forest Ballina

We were delighted to work with Pocket Forests recently at our Ballina office. First the team from Pocket Forests helped us rejuvenate some ground behind our office building then we planted a diverse range of native trees and shrubs.  The goal is promote biodiversity in this urban location which will support pollinators and the wider environment in the community.

 

 

Making A Will in Ireland

Making A Will in Ireland

One of the most important things you will do in your lifetime is to make a Will. Christopher Callan, Partner at CallanTansey Solicitors, addresses the questions that we are most frequently asked about making a Will.

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Hospital apologises after man’s death during CVC removal

Hospital apologises after man’s death during CVC removal

Martin Best of Childers Heights, Ballina died in hospital in January 2019 after a procedure to have a central venous catheter (CVC) line removed. The deceased had longstanding chronic obstructive pulmonary disease and on or about the 29 December 2018 he experienced...

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Fatal Accidents on the Road

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The most recent statistics from the Road Safety Authority (RSA) (for the period from 1st January- 31st December, 2023) confirm that in 2023 there were 184 fatalities on the road in Ireland. This represents a 19% increase from 2022 figures for the same period. The...

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Case Involving Toddler Who Swallows Battery

Case Involving Toddler Who Swallows Battery

One of our medical negligence solicitors acted for Aaron Sikorski who at 14 months of age, swallowed a button battery. It was alleged that despite his mother consistently telling the GP and A&E doctors of her fear that he had, an x-ray was not performed. Aaron...

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What to Do If You Experience Domestic Abuse in Ireland

What to Do If You Experience Domestic Abuse in Ireland

Domestic abuse can take many forms. These include physical violence, sexual abuse, emotional abuse, intimidation, financial and economic abuse, and coercive control.  Here our Orlagh Sharkey, Head of Family Law, outlines the various steps you can take if you are...

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Callan Tansey in the Community

Callan Tansey in the Community

At Callan Tansey we believe that our success is linked to the success of our community. We are committed to integrating our social and environmental responsibilities in our business operations. It is important to us to support the local communities close to our six...

Read more

Cathy and Alan McGrath talk about working with Roger Murray and the medical negligence team of solicitors at Callan Tansey who worked on their case when their son Matthew contracted meningitis when he was 17 years old.

Callan Tansey Pathways to Progress Highlights of the MedicoLegal Conference 2017
“It had never been done before, it’s a groundbreaking event bringing patients, doctors and lawyers together in a room and identifying ‘Pathways to Progress’ “. Roger Murray