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Please Don’t Make a Will 
 
This may seem strange advice coming from a solicitor but in actual fact our profession make far more money out of people who don’t make Wills than people who do. 
 
If you don’t make a Will, your estate is divided according to the provisions of the Succession Act 1965. If you are single and have parents your estate will go to them. If you have no parents but brother and sisters your estate will go to them in equal shares. If you are married with no children and don’t make a Will, your wife will inherit everything. If you are married with children and you don’t make a Will, your wife will inherit two thirds of the estate and the children will inherit one third between them. 
 
If you are married and make a Will, you only have to leave your wife half the estate and you can leave your children such assets as you think is sufficient provision for them. 
 
As you can see if you don’t make a Will the opportunities for conflict and dissent within your family are immense. Furthermore, any child you may have had can always make an application to the Courts under Section 117 of the Succession Act for a share in your estate on the basis they have not been provided for. Making a Will enables you to make provision for them but at the same time explain the reasons for your actions. In recent cases we have had in this office, children who were not mentioned or not properly provided for have received up to half of the estate. 
 
So, as you can see, not making a will almost always create dissension and disputes and we as lawyers make far more money out of dissension and disputes than we do out of properly managed estates. 
 
Finally, an equal source of income for solicitors are homemade Wills. The vast majority of them are incorrectly drawn up and involve a court application to have the court approve what it was the person making the Will intended to say. This of course eats substantially into the estate as it involves further costs. 
 
We at Marcus Lynch will be delighted to help you make your Will. We charge €150+ VAT for a standard Will and will give you a clear and concise quote for any Wills which may have somewhat more complexity in them. 
 
So, in jest we are advising you not to make a Will. In reality, it is essential for the peace of mind for you and your family that you make a Will ensuring that your wishes are followed. 
There has been a lot of talk in the press recently as to whether people should be paid or not for Storm Emma, and there have been conflicting views as to whether people have a right to payment of wages if they were not at work during the period of Storm Emma. 
 
It appears now that the general view amongst lawyers, and this will have to be tested legally, is that where the office is open but you cannot make it to work, you are not entitled to be paid. 
I have recently been looking at the Determinations delivered by the Labour Court and it is amazing how many employers, even where they have a good case for dismissal, have had awards made against them because of their lack of fair procedures. Attached to this blog is a list setting out what an employer must do before they can successfully defend a claim for unfair dismissal. Equally, employees threatened with disciplinary proceedings are fully entitled to insist on these procedures being followed in order that they have a fair opportunity to respond to the allegations made against them. On my observations, at least 50% of unfair dismissal claims are settled or are found against the employer because of their lack of fair procedures. It is essential that these be complied with, and at Marcus Lynch we can assist you in all employment litigation. 
In a recent case, O’Flynn v Cherry Inns, a lady who caught her finger in a door which was a barrier between the smoking and non-smoking areas of a public house was unsuccessful in bringing a claim against the public house. She had been awarded €75,000 in the High Court but the Court of Appeal overturned the award in it’s entirety. The Court of Appeal took the view that owners of property are not insurers. People have a duty to mind themselves and from the age of two we are taught that we should not put our fingers in doors. 
In a recent case Bank of Ireland offered the plaintiff a job subject to her providing documentary confirmation of her educational qualifications. She then handed in her notice. 
In a recent case, Duffy v Lyons (2017) IEHC 390, a motorist successfully defended a claim by a cyclist. The cyclist turned right across the path of the motorist. The Judge held a) that the cyclist should have given right of way to the motorist, and b) that he was negligent in not having lights, not wearing a helmet, and in not making a hand signal as he turned. In those circumstances the Judge found that the motorist was not liable for the severe injuries caused to the cyclist. 
Do you really own your property? 
 
One of the biggest single problems in law and one of the greatest sources of income for solicitors is disputes over boundaries. It is amazing how many people do not know the boundaries to their property and exactly what it is they have bought, especially if they have bought a site. The only time in my practising career I saw shotguns produced was over the gatepost in a three-bedroomed semi-detached house. 
In a recent Labour Court case Tolerance Technologies Limited and Joe Foran UD/16/50, the employer decided to make Mr. Foran redundant. Unfortunately, they did not treat him with the respect he deserved, calling him into the office at 4.55 p.m. on a Friday and informing him that he was being made redundant and that he should pack his bags. 
In a recent Court of Appeal case a farmer was found liable for having installed window glass rather than door glass in a back door he repaired. The door glass shattered and unfortunately a piece of the glass went into the eye of a young lady who was visiting the farm causing her to go blind in that eye. 
 
 
The Supreme Court have recently thoroughly reviewed the law on bullying and harassment in the workplace and have issued a defining judgment on the issue. 
 
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