Fintan O' Reilly & Co. Solicitors

07/06/2020

After working behind closed doors for the last number of weeks, we are delighted to be able to open our office tomorrow 8th June, to resume face to face meetings with clients. The health & safety of our staff & clients is of paramount importance to us, so we have been busy modifying our office space to ensure compliance with the Return to Work Safely Protocol. We are looking forward to meeting our clients again & to welcoming new clients.

11/05/2020

Concerns about health & abiding by the current Covid 19 restrictions have left parents uncertain about the correct course of action to take, in relation to court orders for access.
We continue to have a number of enquiries on this issue & note that a lot of parents mistakingly believe that because of the restrictions, children are not allowed move between parents' homes for access. This is not correct.
Children are allowed to move between parents' homes for access and Covid 19 cannot be used as an excuse to ignore a Court order.
Where there is no court order in place but an agreed access arrangement between the parents, then this should continue as normal, save in exceptional circumstances.
The Court recognises that not every detail of an access order may be fully implementable because of the Covid 19 restrictions, but the expectation is that parents make every effort to allow children to continue to have access to the other parent, in a safe, alternative way.
Access with parents on the frontline should also continue as normal, except in exceptional circumstances. Parents working in frontline services will have received advice from their places of work regarding contact with their families & this advice should be shared with the other parent.
Courts are still dealing with urgent cases, however, applications for breach of access are not generally considered urgent. It is, however, important to note that the President of the District Court issued a Practice Direction confirming that a case which does not come within the defined category of urgent, can be treated as urgent, if a good case can be made. If the Court accepts the reasons why the case should be considered urgent, the application will be heard. Therefore, any parent with concerns about breach of access should contact their solicitor. Our firm remains fully operational and we can be contacted by phone or by email to address any concerns you may have.

07/05/2020

Support Local!
The following businesses are trading and open for business!

Supported by Athlone Chamber, SuperValu Monksland (Smiths), Athlone SuperValu and Athlone Advertiser.


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An Post Athlone Community Radio Flowers by Dooleys Dolan Marketing Ltd Gateway Insurance and Investments Grenham Travel Griffin Office Solutions McGorisks Pharmacy Midland Print • Signs Pilates Olive Keyes Athlone and Midlands Planalife Power Property IRL Smart Digital Marketing Spectrum Signs Supermac's Athlone Brightspark Consulting Buckley Cycles Athlone & Tullamore HB Safety Services Bright Ideas Collins McNicholas Recruitment & HR Services Group Fintan O' Reilly & Co. Solicitors InterSearch Ireland Zenith Adhesive Components Spar Garrycastle Tormeys Solicitors Kin Khao Thai Restaurant Athlone & Maynooth Shamrock Lodge Hotel Hynes Auctioneers Oates Auctioneers Athlone Colm Quinn BMW AIB Bank of Ireland Permanent tsb Ulster Bank Athlone Credit Union Limited Smiths SuperValu

13/04/2020

In light of the restrictions introduced to combat Covid 19, we have recently had a number of enquiries concerning access during this time.

Where a court order for access is in place, the following should be noted:

1. Court Orders concerning access remain in place despite the Covid 19 situation & are to be complied with to the greatest degree possible.

2. Children can move between parents’ homes for access, as per the court order.

3. Parents cannot use the Covid 19 situation as an excuse to not comply with a court order.

4. Any parents travelling for access are advised to have a copy of the court order with them, to show to Gardai if stopped & questioned as to the purpose of their journey.

5. Where there is a court order in place, it is still open to parents to come to their own arrangements for additional or alternative contact. This can include additional telephone contact, Skype calls, FaceTime or WhatsApp video calls.

6. Parents should make every effort to ensure children continue to have access to the other parent, in a safe alternative way.

If you have any concerns in relation to breach of access, please contact us by phone or by email. Please also note that the Family Law courts continue to sit, with all urgent cases being dealt with.

19/12/2019

We would like to wish our clients & colleagues a very happy Christmas 🎅 Our offices will be closed from 1pm Friday 20th December until Thursday 2nd January🎄

04/10/2019

Our Managing Partner Fintan O’ Reilly will be sleeping out at Blackhall Place, Dublin on the 18th October as part of Shine a Light Night for Focus Ireland. This is a very worthy cause & any donation will make a huge difference. If you would like to make a donation please follow the link

Please show your support for Fintan O'Reilly's cause by giving through their Supporter page and sharing to spread the word about Focus Ireland

26/08/2019

WHY MAKE A WILL

A will is a testamentary instrument which can be used by someone who wishes his/her assets to be distributed in a certain way on their death.

Clients are often reluctant to make a will and this is generally due to an unfounded belief that when they make a will, they are giving up control of their assets. This is simply not the case as a will does not take effect until the death of the testator (the person making the will). If you make a will today disposing of your assets, you are still free tomorrow, to sell those assets or gift those assets and it simply means that any reference to those assets in your will, becomes redundant.

Another misconception is that once a will is made, it is set in stone. Again, this is not the case as a will can be revoked at any time prior to death. In fact, it is advisable that wills are reviewed from time to time, as life circumstances change for that individual.

Whatever the reason for the reluctance, it is essential that clients understand the importance of making a will and the advantages of doing so.

Any adult of sound disposing mind can make a will and while making a will is something that should be considered by all age groups, it is particularly important for couples with young children to make a will.

So what are the advantages?

1. The main advantage of making a will is that it allows you to have your assets distributed on death, the way you want. If you die not having made a will, the State will determine who benefits in your estate, as per the rules of intestacy set down in the Succession Act 1965.

2. In making a will you can also choose who will handle your affairs by appointing an executor or executors, of your choosing. Where a person dies not having made a will, this choice is taken away as the appointment of an Administrator is determined by law.

This can often result in an unsuitable person taking on the role of Administrator and the estate being administered in a way which is contrary to what the testator would've wanted.

3. By making a will, you can provide for the special needs of family members. A will can also appoint testamentary guardians for young children in the event of the death of their parents.

4. Making a will gives you the opportunity to ensure that your beneficiaries pay the absolute minimum inheritance tax, through effective tax planning. Where no will is made and there has been no tax planning involved, this can result in beneficiaries having to pay huge amounts of Capital Acquisitions Tax.

5. The administration of a testate estate (where there is a will) is less expensive and is often quicker than the administration of an intestate estate (where there is no will).

6. A will also allows you to specify any funeral wishes you may have so that your family members are aware and can carry out said wishes on your death.

The absence of a will essentially amounts to losing control over the distribution of your assets on death.

If you wish to discuss making a will or want to review your will, make an appointment with us today.

20/12/2017

We would like to wish all our clients a very happy Christmas & a prosperous New Year.

Our offices will close from tomorrow, Thursday 21st December at 1pm & will reopen on Tuesday 2nd January 2018, at 9am.

12/10/2017

BUDGET 2018 - WHAT IT MEANS FOR OUR CLIENTS

Property

The rate of stamp duty payable on commercial property has risen from 2% to 6%. This new rate took effect from midnight 10th October 2017.

eg. Where you purchase land for €200,000 the amount of stamp duty payable will now be €12,000 whereas previously it would have been €4,000.

The rate of stamp duty payable on residential property remains at 1%.

The Help to Buy Scheme has remained in force and this allows first time buyers to apply for a refund of income tax & DIRT paid in Ireland over the previous four years. The amount that can be claimed is the lesser of the following: €20,000, 5% of the purchase price or completion value (where the property is built) or the amount of income tax paid. The maximum payment under the scheme is capped at €20,000.

Developers

A stamp duty refund scheme relating to commercial land purchased for the development of hosing has been introduced. In order to avail of this refund scheme, developers will have to commence the development within 30 months of buying the land.

The current 3% vacant site levy that applies in the first year, is to increase to 7% in the second and subsequent years. Owners of vacant sites who do not develop the land in 2018, will pay a 3% levy in 2019 and thereafter, will pay the increased rate of 7%.

Farmers

The consanguinity stamp duty relief for family farm transfers has been maintained at 1% and the exemption from stamp duty for young trained farmers continues in relation to agricultural land transfers.

05/07/2017

HAVE YOU SUFFERED A PERSONAL INJURY?

If you have suffered a personal injury through no fault of your own, it is important to seek legal advice from a solicitor as you may be entitled to a claim for compensation.

Signing a quick settlement with an insurance company cannot be renegotiated if, at a later stage, you discover long term suffering due to your injuries.

The most common causes of injury are accidents on the road, accidents at work and accidents in public. Injuries suffered as a result of these accidents can be physical or psychological in nature, or both.

Strict time limits apply when pursuing an action for personal injury and you only have two years from the date of your injury to bring an action. Once this period of time has expired, you are statute barred from bringing an action.

Where you are successful in pursuing your personal injury claim, you will be awarded damages, either by the Injuries Board or by the Courts.

Damages will be awarded to you under two headings - 'general' damages and 'special' damages. General damages relate to pain and suffering and special damages relate to any financial loss or out of pocket expenses you have incurred as a result of the injuries you sustained.

If you have suffered a personal injury, contact us today for advice, to ensure you receive the best possible outcome. We have vast experience in guiding clients through the Injuries Board process and we also have a wealth of experience in personal injury litigation in the Superior Courts.

05/04/2017

Registration of Rights of Way

If you must pass over a piece of land or roadway owned by someone else, in order to access your own land, then a right of way arises. It is important for anyone having such a right of way to ensure that their right of way is registered with the Property Registration Authority.

Previously, rights of way did not need to be registered and these were simply established over a certain period of time showing long user; generally a minimum of twenty years.

The introduction of the Land & Conveyancing Law Reform Act 2009 changed this area of law significantly in that now, a person can claim a right of way where they can show possession for twelve years.

The 2009 Act originally provided that farmers had to register existing rights of way before 30th November 2012 or they could lose those rights. The Civil Law (Miscellaneous Provisions) Act 2011 now extends this deadline to 30th November 2021.

If you have not yet registered your right of way with the Property Registration Authority, then you should make an appointment with us today so we can advise you in respect of your rights and your application to the Property Registration Authority.

09/03/2017

The Law Society of Ireland has launched a new member logo this week. As members of the Law Society we are proud to display this logo which represents the benefits and protections clients enjoy every time they use a solicitor. For more on these benefits and protections please log on to www.lawsociety.ie/whyuseasolicitor