This is one of the most common questions that we get asked as solicitors. There are many things to consider including the advantages and disadvantages to you of gifting your house which you have worked so hard for over so many years. At your appointment we will discuss the various issues including your children’s circumstances and assist you in deciding what is the best option for your circumstances.
If you leave a gift in your will to your child and your child dies before you, then any children of that child would divide that gift between them upon your death. If they do not have children then the gift forms part of the residue of your estate or may cause a partial intestacy. When we are drafting your will we will discuss the various options you may wish to take in relation to this situation. You can vary your will at any time.
Firstly, we would recommend having your mother’s capacity assessed to see if she is able to give instructions to appoint a person under an Enduring Power of Attorney to deal with her financial affairs. If your mother already has an Enduring Power of Attorney the appointed person can deal with matters on your mother’s behalf using this document. We can also assist that person with registration of the Enduring Power of Attorney with the Office of Care and Protection when necessary. If required we can also help you make an application to the court to be appointed Controller of your mother’s financial affairs when there is no Enduring Power of Attorney.
No – this is not permitted in Northern Ireland. That said, there are various funding options which may involve little or no up front expense including Legal Aid. If you win your costs are paid by the other side. Unless expressly instructed, we will not take a risky case forward and in the rare event of an unfavourable outcome, we take a pragmatic view as regards costs.
Definitely not. You can use your own solicitors and should insist on this. We will give you the bespoke individualised attention you deserve and obtain maximum compensation for you with costs paid by the driver at fault’s insurers.
If an individual becomes the victim of domestic abuse or coercive control there is a potential quick and effective remedy in the Civil Courts in addition to reporting the matter to the PSNI. This is applications for Non-Molestation Orders as well as Occupation Orders or alternatively Protection from Harassment Orders. We provide a bespoke experienced legal service in this area and will always be ready to deal sympathetically, quickly and efficiently with any and all victims who find themselves in such a desperate situation or those who need to defend themselves from such court orders. You should contact John Boston & Company Solicitors immediately if any significant incident happens and an application can be made promptly to stop the perpetrator from further harming you or putting you in fear. This may also involve them being required to stay away from any property you share, even, significantly, if your name is not on the title or tenancy agreement to that property. We can talk you through the processes calmly and with a sympathetic ear whilst robustly advancing your case for protection of yourself and when necessary, minor children whether taking an application or defending one.
