Healy Law

23/06/2026

At Healy Law, we understand that some of life's biggest milestones come with important legal decisions.

Whether you're navigating a family law matter, planning for the future, or taking the exciting step of purchasing a new home, having trusted legal guidance can make all the difference.

Our team is committed to providing practical advice, clear communication, and support every step of the way.

📞 Contact Healy Law today to discuss how we can assist you.

15/06/2026

FAMILY LAW / ELDER LAW
Legal Protections Available

As people get older, and their health declines, it can happen that their mental capability is not strong enough to make decisions regarding their treatment options. To plan ahead for these issues an Advance Healthcare Directive (AHD) can be considered.

An Advance Healthcare Directive is a legally recognised document that sets out in advance the types of medical treatments you want to refuse, or accept, in case you lose the mental capacity to make or communicate decisions in the future. This provision is contained in the Assisted Decision-Making (Capacity) Act 2015.

Powers under the AHD
Medical Treatments: You can specify any particular medical treatments that you do not want. This can include life-sustaining treatment though within certain circumstances.
State a Preference for particular Medical Treatments: This, while a preference, is more a guideline to your medical carers. A preference, though a statement of your wish, is not legally binding.
Appointment of a Designated Healthcare Representative: This gives reassurances that your wishes will be carried out.
Legal Restrictions
There are legal limitations on what can be provided for, such as:
• Euthanasia in Ireland is unlawful.
• Basic care cannot be refused (e.g. shelter, food and fluid by mouth, pain relief).
• Treatment that is unlawful.
How to Obtain an AHD
Firstly, contact your solicitor, he/she will walk you through all the requirements. The following are essential requirements:

Age: The minimum age is 18.
Capacity: When creating the AHD document, you must fully understand what it is you are entering into, i.e. have the mental capacity.
Written Document: The AHD must be in writing.
AHD Must be Witnessed: At least two adult witnesses are required by law of which one must not be an immediate family member.
Doctor: a medical practitioner should sign it and confirm the mental capacity of the person seeking it.

Your solicitor will advise you on all details for an Advance Healthcare Directive.

15/06/2026

WILLS
Grounds for Contesting a Will in Ireland.

The typical grounds for contesting a Will in Ireland are:

1. Lack of testamentary capacity i.e. the testator did not understand the nature of what he was signing or the extent of his assets or who may have claims on his estate.
2. Duress or undue influence. Another person, perhaps a relative of the testator, pressured or coerced the testator into making a Will or changing the Will against their own true wishes.
3. Invalid ex*****on. The ex*****on of the Will does not comply with the Succession Act 1965, for example, it is not in writing or signed properly by the testator. It may also be invalid if only one witness signs the Will instead of the required two witnesses.
4. Fraud or forgery. Perhaps the Will was forged, or the testator was deceived into signing the document.
5. Failure to provide for children Section 117 application. This is the most common challenge to Wills in Ireland. This provision allows children or adult children of the testator to argue that the parent failed in their moral duty to make proper financial provision for them during his lifetime. It must be brought within six months of issue of the Grant of Probate.
6. Failure to adequately provide for a spouse/partner. Spouses and civil partners have established legal rights to a portion of the estate. This is regardless of any provision to the contrary in the Will. Under recent changes in the law, even cohabitants can apply to the court for financial provision if they were not adequately provided for and there are resources in the estate to correct such an omission.

Summary:

You can still leave all your assets, should you wish to the Cats and Dogs Home but not if you pass away leaving a surviving spouse or children behind who have statutory rights or who will likely challenge such a Will in the High Court.

09/06/2026

Experience. Integrity. Trusted Advice.

For decades, Barry Healy has been helping individuals, families, and businesses navigate legal challenges with confidence and peace of mind.

📞 Get in touch with Healy Law today.

04/06/2026

🏡 Thinking of buying a home?

Our solicitor, Emer Holohan, explains the key role a solicitor plays throughout the property purchase journey – from investigating title and carrying out searches to handling contracts and helping you reach completion with confidence.

Buying a property can feel overwhelming, but having the right legal support makes all the difference.

📞 Get in touch with Healy Law for expert guidance every step of the way.

28/05/2026

Dangers of AI Legal Advice

When people have a legal problem, it can be tempting to try AI for advice. This step, while it can provide informative data on your problem, it could lead to further problems.

AI can be very good at certain matters but in legal (and indeed medical) issues, it is safer to rely on professionals. Looking at AI is fine and it might mention matters which you can ask your solicitor about.

Each legal problem or case (if it goes to court) has its own unique elements which humans are best to evaluate than AI.

Matters to be aware of
Not all information given in AI is 100% dependable. The problem for the user is what is reliable and what is fake?

Some AI generated documents submitted to Irish courts have been thrown out as unreliable, untrue information amounting to misleading legal arguments and some have given fake citations of decisions.

By inserting confidential or sensitive information into an AI tool can create breach of confidentiality and result in further legal issues. There is a danger that the use of such information could be picked up elsewhere.

New legislation or precedent judgments can put AI tools out of date whereas your solicitor will be aware of any new changes of legislation or new case law where it affects your legal problem. For instance, if the Supreme Court decides today on a case which changes the law in some area, can you be sure that the AI tool you are using has been updated to include that?

Accountability
This is an important consideration. Solicitors and barristers when engaged by a client have professional indemnity insurance where they have acted below their accepted standard of service or negligently. If you follow AI legal advice and it all goes wrong for you, for example, say it gave you outdated law which you relied upon and lost, where do you stand on AI accountability? Out in the cold, no come-back, no professional indemnity, nothing.

The best advice will be from a solicitor who can give you individual attention on your problem.

Call now to connect with business.

25/05/2026

PROPERTY
Points to watch when leasing an apartment.
(This article will consider the situation on lettings made after the 1st of March 2026 as the regulations changed after that date)
General points to watch:
1. Use a platform like Daft.ie to find current properties available.
2. Have a file ready to include employer references, previous landlord reference, and evidence of ability to pay the rent such as bank statements or letter from bank.
3. First month’s rent and security deposit need to be paid on signing of the lease.
4. Confirm if any parking space is available with the apartment. Lettings usually include lots of furniture and kitchen items. Ask for these to be listed as an inventory and ideally attached to the lease. Disputes can arise over missing or smaller items that have not been included in the inventory.
5. Under the new rules, rent increases are capped at 2% or the cost-of-living index, whichever is the lower.
6. Any evictions only apply where a tenant breaches his obligations to pay rent, or similar, or the landlord himself or his family wish to move in.
7. The most important change is a Tenancy of Minimum Duration (TMD) for a period of six years applies as soon as a tenant has been in occupation for six months. In other words, as a general rule, a tenant can stay on in the premises for a minimum of six years and indeed, if they wish, a further period of six years, unless the landlord has given adequate notice that he or his family wish to move in and occupy the property themselves. The six-year rule applies even if the parties actually signed only a one-year agreement provided it is signed after the 1st of March 2026.
8. Tenants should note the six-year rule does not apply to them if they wish to vacate. They can do this at any time, even during the six-year term, on merely giving the landlord a notice of termination and the required notice.
9 What are the Tenant’s obligations?
To pay rent and any electric/gas/refuse charges. To maintain the property in a reasonable condition but fair wear and tear excepted. Also to allow the landlord to access the property provided he has given sufficient notice to the tenant. The landlord might have to check a leak or show off the apartment if it has been sold.

10. What about the landlord’s obligations?

To allow you peaceful enjoyment of the property and to pay any service charge which includes fire insurance on the building and Management Company fees. Also, the landlord is responsible for any local property tax, but it is advisable that the tenant pays himself for insurance on the contents of the apartment for example, furniture, bedding, TV, computer equipment, jewellery etc.

29/04/2026

PERSONAL INJURIES
Accidents in Public Parks – Who is Responsible?

A family day out could turn out to be a disaster where an accident occurs causing injury and possibly a hospital stay.
Councils around the country provide playgrounds and while every foreseeable precaution is made to avoid accidents, they still occur. Though, not every accident is necessarily the fault of the council. As in all personal injury cases, negligence must be proved.
Councils are also responsible for uneven concrete footpaths. These can be particularly dangerous for running children or those with impaired eyesight or elderly. But again, the mere fact of an accident is not evidence of fault. The injured party must prove that the council were negligent in the repair or condition of the footpath which caused the accident.
A common defence by a council is that the injured party contributed to the accident. Take for instance, a person texting on their mobile phone, not noticing an uneven slab of concrete, and tripping over causing them injury. While the council might be responsible for the poor maintenance or repair of the footpath, it would be reasonable for the council to state that the individual was not looking where they were walking and thus contributed to the fall.
Common Kinds of Public Area Accidents
• Falls from Heights.
• Equipment Malfunction
• Slip and Trip Incidents.
• Collisions.
• Entanglement
• Environmental Hazards
• Animal Attacks.

Amusement Parks (Non-Public Owned)
Accidents that occur here are known as Public Liability Accidents and the owners of the park would have public liability accident insurance to cover these events. The owners of the amusement park have a legal responsibility to provide a duty of care to everybody using their facilities.
The Law
The Occupier’s Liability Act, 1995 is the governing law and under EU law the European Communities (Machinery) Regulations 2008.
Duty of Care
The duty of care applies not just to paying customers but also those who work there. The additional range of regulations include:
• Manual Handling Operations Regulations 1992
• The Health and Safety at Work Act 2005
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2016
• Health and Safety Regulations 1996
• Work at Height Regulations 2005

A duty of care can be defined as a legal obligation to take reasonable steps to prevent reasonably foreseeable harm to others.
So, what amounts to reasonably foreseeable? If the accident could have been foreseen then it falls within this definition but if the accident’s foreseeability was remote, it does not.
Your solicitor will advise you on the merits of your case but do not delay in taking action as there is a time limit of two years within which to commence proceedings.