Full and Final Settlement in Separation Agreements or Judicial Separation-A 2nd Bite of the Cherry in Divorce?

Does a ‘full and final settlement’ in a deed of separation or on Consent Terms in a judicial separation actually mean what it says? In other words, can either party get a ‘second bit of the cherry’ at the time of divorce? Firstly, the Courts are obliged under section 20(3) of the Family Law (Divorce) … Read more

Intestacy in Ireland-Extracting a Grant of Administration Intestate

When a person dies having failed to make a will, he/she is said to have died intestate. This means that his estate will be distributed in accordance with the Succession Act, 1965, part VI. This sets out the rules for distribution on intestacy, the shares of surviving spouses and issue, the shares of parents, brothers, … Read more

Changing Service Providers and TUPE-Does TUPE Apply?

Whether the change of service providers is covered by the TUPE regulations will depend on the particular facts of the situation. Firstly, it is worth remembering that TUPE covers the transfer of undertakings. To be a transfer of an undertaking it must relate to a stable economic entity whose activity is not limited to performing … Read more

Grant of Administration with Will Annexed

The grant of administration with will annexed is one of many different grants of representation possible in administering the estates of deceased persons. This grant is required where The appointed executor renounces There is no executor appointed in the will The executor appointed does not renounce and refuses to apply for a grant of probate … Read more