Many different types of disputes may arise from day–to–day dealings. These often include property disputes, will disputes, road traffic accidents or even workplace and public place accidents.
Property disputes can comprise of issues such as boundary disputes, rights of way and co-ownership disputes. Generally, these matters arise through no fault of the individuals involved but due to the errors of other professionals in the conveyancing process. An example may be badly prepared maps. The so-called boundary disputes can typically arise over small areas of land, but each case is different. In situations where neighbours have lived side by side for years and trust each other, one of the most suitable approaches to resolve the dispute is by boundary agreement. Through this, they can agree on the location of their common boundary, formally record it in a boundary agreement, and submit the agreement to the Property Registration Authority to amend the registered boundary. Rights of way can cause disruption among neighbours and local communities too. Sometimes, informal agreements between neighbours can develop into customary rights which can give rise to disputes. Therefore, landowners should check to ensure their rights of way have been registered with the Property Registration Authority correctly.
There are certain requirements you must follow to make a valid Will. Wills may give rise to disputes under several grounds. These can include;
- Failure to provide properly for children
- Failure to provide for a spouse
- Duress or undue influence
- Lack of testamentary capacity.
A parent has a moral duty to make proper provision for their child or children, regardless of whether they are a minor or an adult child. If proper provision has not been made in a will for them, a child has the right to apply to court for a share of the estate. There are also special protections in place for a spouse. If a Will was procured through duress or undue influence it will be set aside. It may arise in various ways which include the mental and physical wellbeing of the testator (person making the will) and their age. In relation to lack of testamentary capacity, you need to have testamentary capacity to make a valid will. Essentially, if it can be proved that you didn’t understand what you were doing when giving instructions for the will, your will can be contested.
RTA/Workplace/Public Place Accidents:
Road Traffic Accidents (RTAs) are the most common type of accident claim. You can file a claim against an individual responsible for an accident if you are injured as a result of it. Some useful tips if involved in an RTA are;
- Stay at the scene of the accident
- Report it to the Gardaí and obtain the name and station of the investigating Garda
- Get the name, address, insurance details (including name of Insurance company and policy number) and registration number of the other party involved
- Take photos if possible
- If your vehicle is damaged, get an estimate of repairs done
- Go to a solicitor as soon as practicable to ensure the time period allowed for the claim does not expire.
In the case of workplace accidents, a claim may include compensation for pain and suffering to date and in the future, medical bills including chemist bills and loss of earnings. Tips here include;
- As soon as possible, report it to a supervisor and get their name
- Ensure it is logged in an accident report book
- Take photos if possible
- Write down everything you remember about the accident and seek advise from a solicitor while it is still fresh in your mind
- Keep all bills and receipts for out of pocket expenses
- Retain payslips and any records in relation to your earnings.
Public place accident tips are similar. In the case of all accidents, always get the name and numbers of witnesses and note the name of your medical adviser if you are brought to hospital.
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