Legal News
Articles, Case Studies & Legal News from McGrath Mullan Solicitors
Family reunification for spouses and partners of Irish nationals: What you need to know?
If you are married to or in a civil partnership with an Irish citizen, you may be eligible to apply for permission to live and work in Ireland. This process allows you to live with your spouse or partner, without needing a separate workpermit. However, you must provide evidence that
Affidavit of testamentary capacity
When a person dies, one common question which can arise is whether they had mental capacity at the time they made their will. For a will to be valid, the person making the will must have testamentary capacity (i.e. be of sound disposing mind) at the time of the making
Wills and a Child’s Entitlements
Under Irish succession law, a child is not automatically entitled to benefit under a parent’s will. If a parent wants to disinherit a child or children they are perfectly entitled to do so. However, after death, a child can make a claim to the court under section 117 of the
New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
If you have Irish ancestry or Irish family members and have significant connections to Ireland then you may be eligible to apply for Irish citizenship. New guidelines recently published by the Department of Justice have clarified the requirements to qualify for citizenship under Section 16 of the Irish Nationality and
Probate: 10 steps to kick-start the administration process
When someone passes away their estate or assets pass to their personal representative. In order for the next-of-kin or beneficiaries to receive their inheritance the deceased’s estate needs to be ‘administered’ through the Probate Office of the High Court by the personal representative (Executor or Administrator). For a personal representative,
Residential Zoned Land Tax (RZLT)
This tax was introduced in 2022 and applies a tax to land that is zoned residential and has access to services (eg water/roads/lighting). The tax is 3% of the value. This tax is self-assessed – so a land owner must assess the market value and submit a return to Revenue.
Spouse of an Irish Citizen Visa Application
If you are the spouse of an Irish citizen and you would like to move to Ireland to live with them on a long-term basis, you may be eligible to do so provided you meet the Department of Justice’s conditions. The first thing to consider is if you are from
The Importance of Making a Will
Making a Will ensures that, when you die, your property and other possessions go to the people that you choose. Often, we have the mistaken belief that those who we leave behind can sort out things amongst themselves. However, this should not be left to chance. If you don’t make a
Naturalised Irish Citizen but living abroad? Now read on…
If you are a naturalised Irish citizen but are living outside Ireland, you should complete a Declaration of Intention to Retain Irish Citizenship each year and file it with the Department of Justice. It is a simple form which must be signed in the presence of a notary or other
Importance of carrying out a Planning Search before signing contracts for the purchase of a property
The Law Society Standard Conditions of Sale 2023 relating to the sale of property are very specific on Planning matters. Under the terms of the contract, General Condition 32 states a Vendor warrants that: However, whilst this warranty is welcome, it would be extremely careless for a Purchaser to rely
Citations in Probate: What to Do When an Executor Delays Grant of Probate
We are often approached by beneficiaries of estates inquiring about their rights when the Legal Personal Representative of a deceased person is refusing or delaying to take steps to extract a Grant of Probate/Letters of Administration. In such cases a beneficiary can issue a Citation in the High Court Probate
Starting a Business in Ireland: The Start-up Entrepreneur Programme (STEP)
For entrepreneurs looking to establish an innovative business in Ireland, the Start-up Entrepreneur Programme (STEP) offers a unique opportunity. Launched by the Irish Government in 2012, STEP provides a pathway for non-EEA nationals to secure residency while developing their business in Ireland. Who Can Apply? To be eligible for STEP,
Independent Advice Review – Redundancy / Termination Agreements
If you are at risk of being made redundant, your employer will likely have informed you that you will need to get independent legal advice on the proposed redundancy agreement and will pay a fee for this. McGrath Mullan are happy to assist in reviewing these agreements, and to advise
Wills and a Spouse’s Legal Right Share
The Succession Act 1965 provides a spouse with some protection if they are disinherited or left less than they may have expected under a will. Under the provisions of Section 111 of the Act, where a deceased has left a will, regardless of the terms of it, a spouse is
Irish Grant of Probate, foreign domicile.
More and more, we are receiving inquiries from lawyers in other countries seeking assistance in extracting Grants of Probate for people who have died domiciled in other countries, but who have left assets in Ireland. With so many ex-patriots throughout the world, this is not surprising, with holiday homes, Euro
Risks when buying property at auction
Our client considered buying a commercial property at auction, for use by their business. Review of the contacts and title revealed that there was a sitting tenant in the property. The tenant had accrued rights over the property. It was a requirement of their loan offer that my client would
Commercial Property: Tenant’s Renunciation of Entitlement to Long Term Lease
Avoid Automatic Lease Renewals: Understanding Tenant Renunciation in Commercial Leases Many landlords and tenant seek to let property on short term leases of between 12 months and 4 years and 9 months. The reason the cut-off point of 4 years 9 months is used is because once a tenant is
Critical Skills Employment Permits
Critical Skills Employment Permits are available for two types of roles: Critical Skills Employment Permits differ from General Employment Permits in a number of ways, including: If you would like our assistance with a Critical Skills Employment Permit application or are seeking advice on employment permits in general, please do
How to Apply for an Employment Permit in Ireland: A Guide for Employers
With a tight labour market, it is more and more common for employers to have to look beyond Ireland indeed the European labour market for talent to keep their businesses going. The Irish government facilitates this through its employment permit system, designed to address skill shortages while protecting the domestic
Insurance Claims and Bad Weather – What to Do First, and When to Contact a Solicitor
There will unfortunately be a lot of home owners, business owners and car owners up and down the country looking at hefty bills for repairs following Storm Éowyn. Hopefully a lot of this damage will be covered by an insurance policy of one kind or the other – whether that’s
Transfer of First-Time Immigration Registration to ISD
As of 13 January 2025, the responsibility for first-time immigration residence permission registrations across all counties in Ireland has been transferred from the Garda National Immigration Bureau (GNIB) to Immigration Service Delivery (ISD), under the Department of Justice. Where to register All first-time registrations must now be completed in person
E-Vetting: Electronic background check process for Irish Citizenship applications
Understanding the E-Vetting Process for Irish Citizenship Applications E-Vetting is an electronic criminal background check conducted by the Garda National Vetting Bureau. This process is a mandatory step in various official applications, including the Irish citizenship process, to ensure the applicant meets the character requirements set by the Department of
Deferral of Minimum Annual Remuneration (MAR) increase for Employment Permits
The Department of Enterprise, Trade and Employment has announced a deferral of the proposed increases to the Minimum Annual Remuneration (MAR) for employment permits, which were originally planned for January 2025. This decision follows the initiation of a review aimed at ensuring future increases are sustainable for both employers and
McGrath Mullan Christmas Opening Hours
Closed on 20th Dec at 4pm – Open 9AM on 2nd January. Thank you Merry Christmas & Happy New Year
Retiring to Ireland with Sufficient Resources
If you are a retired non-EEA national, with sufficient financial resources, and you would like to relocate to Ireland on a long-term basis, then the Stamp 0 immigration permission might be a suitable option for you. It is essential that you are retired from all forms of employment as any
McGrath Mullan LLP is now providing support with Italian Citizenship applications
McGrath Mullan LLP is delighted to announce the expansion of our services to include assistance with Italian citizenship by descent. If you believe you have Italian ancestry and wish to explore the possibility of obtaining Italian citizenship, we are here to assist you every step of the way. From gathering
McGrath Mullan LLP appointed as Legal Information Provider for the Brazilian Embassy in Ireland
McGrath Mullan LLP is honoured to have been appointed as the legal information provider for the Brazilian Embassy in Ireland. This week the partners Gerard McGrath and Taise Azevedo had the privilege of signing the agreement with Ambassador Flávio Macieira, formalising this important partnership. We are truly grateful for this opportunity and look forward
Three Requirements for Divorce in Ireland
Ireland’s divorce process is based on a ‘no-fault’ system, meaning the court does not consider the reasons behind the breakdown of the marriage. However, to obtain a divorce, you must meet the following three key requirements: 1. Living Apart for two of the past three years You and your spouse must have
DAMAGES FOR DATA BREACHES DUE TO GDPR
The General Data Protection Regulations ( GDPR ) were brought into law in Ireland under the Data Protection Act 2018. A Data Breach is an incident where information is leaked or stolen. This can be due to a cyber attack by a third party but is more commonly something that happens
Employment Permits – Change of Employer Applications
The Employment Permits Act 2024 introduced a significant change to Ireland’s employment permit system with the launch of the “Change of Employer” process. What Is the “Change of Employer” Employment Permit? Previously, if an employment permit holder wanted to change employers, a whole new employment permit application would need to
McGrath Mullan LLP sponsors ABA Congress in Dublin
On 20 September 2024, McGrath Mullan LLP, as a sponsor of the III International Congress of the Brazilian Lawyers Association (ABA), was represented by Partner Taise Azevedo and Legal Executives Fabiano Milani and Valquiria Silva at the Law Society of Ireland in Dublin. The event, attended by notable figures including
First-Time Buyers: Financial Help, Legal Advice, and What to Expect
The process for buying a home, especially your first home is a complex process that requires legal advice throughout to manage the process. This includes reviewing title and contracts, advising on planning issues that may arise, advising on legal aspects of your mortgage as well as discharging stamp duty and
Irish Immigration Service transfers renewal process nationwide
As of 4th November 2024, the Irish Immigration Service Delivery (ISD) will officially take over responsibility from the Garda National Immigration Bureau (GNIB) for the renewal of residence permissions across all counties in Ireland. From this date, all applicants nationwide must use the ISD online renewal portal to submit their applications.
Important Notice: Renewing your IRP Card before holiday travel
This notice, published on the Irish Immigration website, highlights important information for non-EEA nationals planning to travel over the upcoming Christmas holiday period. The Immigration Services Registration Office in Burgh Quay, Dublin, is currently handling a high volume of renewal applications, with processing times estimated at 3-4 weeks. After the
Disability Allowance & Visa Sponsorship
Disability Allowance Payments and the Financial Criteria for Sponsorship of Non-EEA Family Member Visas We have recently been contacted by a number of disabled people who are unsure about their right to sponsor their spouse or children for a visa to join them in Ireland.As of September 2024, there are
Irish Citizenship for Children
There are a number of ways a child can claim Irish citizenship: A child will automatically be an Irish citizen if: In these cases the child may simply apply for an Irish passport from the Irish Passport Office. A child under 16 may be eligible to apply for Irish citizenship
Probate and the Rights of Co-Habitants
Under the Civil Partnership and Certain Rights and Obligations of Co-Habitants Act 2010, a couple is deemed to be co-habitants when they have lived together as a couple in an “intimate and committed relationship” for in excess of five years (or 2 years if there are children of the relationship)
Changes to the Employment Permit Act 2024 – Employees & Employers
On 2nd September 2024, the Employment Permit Acts 2024 were brought into effect, consolidating and updating the existing Act in place since 2006. The aim of the new Act is to create a more flexible employment permits system better able to respond to the changing needs of the labour market
Irish Grant of Probate, Foreign Domicile.
Our firm regularly receives inquiries from both family members and lawyers in other countries seeking assistance in extracting Grants of Probate for people who have died domiciled in other countries, but who have left assets in Ireland. With so many ex-patriots throughout the world, this is not surprising, with holiday
Foreign Birth Registration – Irish Citizenship through Grandparents
If you have Irish ancestry and were born outside of Ireland, you might be eligible to become an Irish citizen through a process called Foreign Birth Registration (FBR). Irish citizenship can be passed by descent. It’s a pathway that has become increasingly popular for those who cherish their Irish roots
Three useful tips for your application for Irish Naturalisation
Applying for Irish Naturalisation is a significant step towards becoming an Irish citizen. To ensure a smooth application process, it is crucial to prepare your documents meticulously. Here are three useful tips to help you get started: The Irish Naturalisation process requires applicants to prove their residency in Ireland by
Stamp 0 – Retiring to Ireland
If you are a retired non-EEA national, interested in relocating to Ireland for the later years of your life, the Stamp 0 immigration permission might be a suitable option for you. Stamp 0 is an immigration permission which allows you to reside in the State, subject to meeting certain conditions.
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