About Us Why Choose Cooke & Kinsella?

Why Choose Cooke & Kinsella?

WE ARE DEDICATED TO PUTTING OUR CUSTOMERS FIRST

Cooke & Kinsella Solicitors are located on the Wexford Road, Arklow, Co. Wicklow. We also have a branch office at Main Street, Carnew, Co. Wicklow where consultations are arranged by appointment.

As a modern law firm we have enjoyed expansion in recent years. We are committed to your individual needs & take pride in the fact that the majority of our work comes from repeat business and recommendations. We are accessible and efficient and are committed to achieving the best possible results for our clients. Engaged in general practice, we cover conveyancing; residential property, commercial property and remortgages, litigation including personal injuries, Wills and probate, family law, employment law, company law and court representation amongst other things. Whether you want to buy or sell a property, start in business or right a wrong, we have the insight and expertise you need. We look forward to meeting you.

About Richard Cooke

Richard Cooke and Company commenced practice in 1983 at Wexford Road Arklow. In the early years Richard Cooke built his reputation as a litigator. During the course of his career he worked primarily for Plaintiffs where often the Defendants were the local authorities and the State. Richard retired from day to day practice in 2007 and has remained involved in the practice initially as a consultant.

About Fergus Kinsella

Fergus Kinsella, a native of Carnew Co. Wicklow, joined the practice in 2000, qualified as a solicitor in 2003 and became a partner in 2004. The practice changed its name to Cooke and Kinsella in 2007. Fergus Kinsella was appointed a Notary Public in 2005. A branch office at Main Street Carnew was opened in 2000.

SEE WHAT WE CAN DO FOR YOU

Our team is ready, willing and able to help you with all of your legal needs so call us today.

(0402) 32928

(0402) 40012

Services What we can do for you

What we can do for you

OUR SKILLED TEAM CAN MEET ALL OF YOUR LEGAL NEEDS. CLICK ON THE HEADINGS BELOW TO EXPAND THE DETAIL.

We are involved in all aspects of business related activities, such as purchasing and selling commercial premises, retail, industrial and licensed premises, Company formation, and Capital Taxation issues which affect such transactions.

This is an area concerning the sad and traumatic break up of relationships, where we assist and help our clients in a sensitive and meaningful way in obtaining a separation or divorce. The most sensitive and cost efficient way of concluding a marriage is by agreement, if possible through Mediation. If this is not successful, either party may apply to Court to resolve outstanding issues.

We advise and assist people and companies who find that they have the need to litigate for what ever reasons, particularly when individuals sustain severe injuries and have a cause of action and remedies available to them, through the Courts. The main steps involved in lodging an application where an individual sustains personal injuries are as follows:

  1. Taking instructions.
  2. Corresponding with the Defendant.
  3. Obtain medical reports, when available.
  4. Lodge the application with the injuries board (P.I.A.B)
  5. Calculate special damages.
  6. Advise on assessment if applicable.
  7. If assessment not made or not acceptable to individual advise on proceedings.
  8. Ascertain witness(es)
    • Garda Report, if necessary.
    • Witness statements.
  9. Photograph scene, if possible.
  10. Instruct engineer.
  11. Instruct/brief Counsel.
  12. Issue proceedings in appropriate Court.
  13. Assess monetary loss.
    • Loss of earnings, present and future, based on medicals.
    • Damage to car.
    • Medical expenses.
    • Travel.
    • Miscellaneous
  14. Final medical reports, if necessary.
  15. Assessors report, if necessary.
  16. Actuaries report, if necessary.
  17. Enter proceedings.
  18. Reply to Notice for Particulars.(questions asked about the case)
  19. When Defence is entered, issue Notice of Trial, to bring the case in to Court.
  20. Issue Motion to compel Entry of Defence.
  21. When date is obtained, prepare for Trial.
    • Send brief to Counsel.
    • Issue Witness Summons.
    • Inform Witness(es).
  22. Obtain Order.
  23. Settle Party and Party Costs.
  24. Appeal, (if necessary) or Defend Appeal.

We are engaged in purchasing and selling real property, commercial and residential property, we deal with the legal intricacies of obtaining finance for purchasers from Lending Institutions. We also act in the case of re-mortgages.

The main steps in selling a property:

  1. Instructions.
  2. Obtain Title from Lending Institution.
  3. Give Undertaking to discharge Mortgage.
  4. Apply for BER Certificate.
  5. Inspect Title.
  6. Ensure, in particular, planning is in order, i.e Certificate of Compliance with Planning Permission and Building Regulations or Certificate of Exemption.
  7. Marriage Certificate for Family Home Declaration is required, if married or if applicable divorce/separation documents.
  8. Title sent to Purchaser, together with contract.
  9. Contracts returned signed and deposit paid.
  10. Vendor signs contracts.
  11. Requisitions on Title are raised by the Purchaser (questions about the property)
  12. Reply to Requisitions on Title.
  13. Closing arranged.
  14. Lending Institution paid.
  15. Discharge obtained.
  16. Comply with Undertaking.
  17. Outgoings to date of closing to be paid, i.e. rent, service charges.

The main steps in buying a property:

  1. Instructions.
  2. Receive Contracts and Title.
  3. Loan approval issues.
  4. Contract signed by the Purchaser and deposit paid.
  5. Requisitions on Title raised.
  6. Contracts returned, signed by the Vendor.
  7. Replies to Requisitions on Title ironed out.
  8. Closing organised.
  9. Stamp duty to be paid on Deed if applicable.
  10. Lodge Deed in Land Registry and fees paid.
  11. Mortgage fees to be paid.
  12. Comply with Special Conditions therein.
  13. Mortgage documents supplied by Lending Institution.
  14. Certificate of Title is prepared.
  15. Draft Certificate of Title and supporting documentation are furnished to the Lending Institution.
  16. Reply to queries from the Lending Institution.
  17. Any difficulties are ironed out.
  18. Ensure all insurance policies are in place.
  19. Requisition the loan cheque and searches.

We deal usually with Capital Taxation, which is related to the purchase and sale of properties, together with tax which may be due by beneficiaries in respect of bequest they receive from Estates.

The main areas being:

  1. Stamp duty.
  2. Capital Acquisitions Tax, i.e. Gift and Inheritance Tax.
  3. Capital Gains Tax.

We are involved in drafting wills for people of all ages and backgrounds, and suitable to all situations and circumstances, to provide what happens to their estate and property after their death. Particularly where couples with young children need to provide for any eventuality, which may occur, to ensure that their children will always be properly cared for. This is usually accomplished by appointing trustees and Guardians

All Testators must be aged 18 years or over and be of sound mind. The Will must be signed at the end by the Testator and a minimum of two witnesses must be present at the time when the Testator signs the Will and then the witnesses must sign in the presence of the Testator and usually, but not necessarily, in the presence of each other. All Wills must be dated.

The main steps in administering an Estate after death:

  1. Completing an Inland Revenue Affidavit with all details of assets and beneficiaries.
  2. Sending an Application to the Probate Office and obtaining a Grant of Probate or Administration.
  3. Paying necessary taxes and distributing the assets.

ARKLOW OFFICE

Cooke & Kinsella
Solicitors & Notary Public
Wexford Road
Arklow
Co. Wicklow

CARNEW OFFICE

Cooke & Kinsella
Solicitors & Notary Public
Main Street
Carnew
Co. Wicklow

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