We are committed to providing our clients with a legal service which is dedicated to solving their problems and dealing with their business efficiently and effectively, with sensitivity and courtesy.
High Street, Westport, Co. Mayo
Helena Boylan & Co. Solicitors
Welcome to Helena Boylan & Co. Solicitors. We look after Property transactions, Wills, Probate, Family Law matters and Court Work for our clients.
What do you need help with?
Buying or selling a home, commercial property or land
Please contact us as soon as a price has been agreed if you are purchasing a property. If you are selling a property, it would be useful to contact us before you put the property on the market for sale. That gives us an opportunity to check the Title to the property in advance for you, prepare draft Contracts, examine the planning status of the property and deal with any Lending Institution, which will speed up your transaction and enable it to be completed efficiently for you.
If you are selling, please bring to your first meeting:
- Photo I.D.
- Proof of address
- Your PPS Number
- Your agent's details
- Any Title Documents you have
- Any Planning Documents you have
- Your LPT I.D. Number and Report
If you are purchasing, please bring to your first meeting:
- Photo I.D.
- Proof of address
- Your PPS Number
- The agent's details
- Details of your Loan Offer, if you are buying with a mortgage
- If you do not need a mortgage, evidence of the source of your funds, as this is a legal requirement
- The address of the property and the sales brochure, if available
When someone has passed away
We will help you navigate the administration of the deceased person's estate, and help you find the Will, if there is one.
You should register the death. When you meet us, please bring copies of the deceased's Title Deeds, if available to you, their Death Certificate, and copies of their financial papers, insurance papers and bank statements.
Making a Will
It is very important to make your Will. It can be changed and reviewed throughout your life.
We will help you make your Will in accordance with your instructions. We will ask you to decide who you wish to benefit, who you would trust as an Executor, and what you would like to happen to your home, your farm, your property and your assets.
When instructing us in relation to your Will, please bring:
- A list of what you own
- Your PPS Number
- The name, address and contact details of your Executor
- The names and addresses of your beneficiaries and their relationship to you, if any
- A copy of any previous Wills made by you
- I.D.
- A utility bill dated within the last three months
- A copy of your Title Deeds
- A copy of your Life Insurance Policies, if applicable
- Details of your spouse and children and their dates of birth
- Details of anyone who requires special attention or has additional needs
When a relationship has ended
We look after the documentation involved with a Separation or Divorce and arrangements for children, to help you navigate the Separation or Divorce process and the Court process. Matters regarding Separation, Divorce or arrangements for children are dealt with in private.
For your first meeting with us, please bring:
- Your photographic I.D.
- Evidence of your address dated within the last three months
- Your Marriage Certificate and details of any existing Court Orders, if applicable
- Copies of Birth Certificates for your children
- Mediated Agreements, if applicable
A dispute or a Court case
Bear in mind that the time limits involved in disputes or Court cases can be very short. We recommend that you contact us as soon as you receive any Court papers, as soon as you receive correspondence from another Solicitor, or as soon as you have sustained a personal injury as a result of the negligence of a third party.
Bring: Any letters or Court papers you have received.
What we do
Property
Buying or selling or transferring property
Houses, apartments, sites, farms and commercial property in Westport, across County Mayo and elsewhere, including family transfers and the registration of lands which have never been registered in the Land Registry.
Buying a home
Once you have agreed a price and paid a booking deposit, the agent sends us the sale details and we ask the seller's solicitor for the contracts. From there the usual order is:
- We examine the Title Deeds. We go through the Title Documents, complete Planning Searches and examine the Planning Documentation. We examine the Replies to our Requisitions, raise any queries and obtain responses to those queries.
- Your mortgage approval. If you are borrowing, we deal with your Lender's conditions of loan and facilitate the release of loan funds so that you can purchase the property.
- You meet us to discuss the Contracts and Title Documents. We go through the Contracts and Title Documents with you first and answer your questions. You pay the balance of the deposit, and the Contract and deposit go to the Sellers for execution of the Contract.
- Closing. On closing, we send the closing funds to the Vendor's Solicitors, searches are raised and answered, Title Deeds are exchanged, keys are released and the property becomes yours.
- After closing. We pay your Stamp Duty to the Revenue Commissioners and pay the Land Registry fees to register you as owner of the property and to register your Lender's mortgage as a burden on your title.
- Your Title Deeds. We lodge your Title Deeds with your Lending Institution for the duration of your mortgage and give you a copy of your Title Deeds showing you as owner of the property.
Selling
If you are selling property, it is a good idea to give us instructions before you put the property on the market for sale. This means we can gather the Title Deeds, the Planning Documentation and all the other documents a Buyer's Solicitor will need, so that the sale can be progressed for you efficiently.
Farms and family transfers
A lot of land in County Mayo is transferred between family members: for example, a transfer of a farm to a son or a daughter, a site to a child to build their home on, or an exchange of lands between neighbours. These transfers often raise tax implications, usually Stamp Duty, Capital Gains Tax or Gift Tax, and there can be tax reliefs available. Some older holdings may never have been registered at all. If one of these properties is to be sold or transferred, it is useful to have this work completed and tax advice taken before the sale or transfer.
Commercial property and leases
We have acted for Landlords and Tenants of both residential and commercial property.
Questions people ask
How long does a purchase take?
A purchase often takes between eight and twelve weeks from the date the sale is agreed. The timeline depends on a number of factors:
- The status and location of the Title Deeds
- The mortgage Lender
- The Vendor's or Purchaser's Solicitors
If there are complications with the Title, completion of the sale can take longer.
Do I need a survey?
Solicitors only investigate Title. We recommend that you engage a suitably qualified Engineer, Surveyor or Architect with Professional Indemnity Insurance to complete a Structural Survey, Boundary Inspection and Planning Inspection of the property before you commit to signing Contracts.
Wills & Probate
Wills and Estate Administration
It is a good idea to make a Will. It helps your next of kin deal with property and assets efficiently and without complication if you were to pass away.
Making a Will
Making a Will is usually straightforward, but there are strict rules about how Wills are prepared and executed. We will meet you to take your instructions: who you would like to benefit, who should act as your Executor, and what you would like to happen to your family home, your farm, land or other property. We will advise you whether anything in your plan has tax consequences for the people you intend to leave your property or assets to.
It is important to review your Will following a marriage, a divorce or separation, a death in the family, the purchase or sale of property, and when you have young children.
When someone has passed away: a guide for Executors
If you have been named as an Executor in the Will of a deceased person, or if you are the Next of Kin of a deceased person and there is no Will, we will be happy to help you navigate the administration of the Estate. The steps taken by an Executor or Administrator are as follows:
- Find the Will and the paperwork. Locate the Will and the deceased person's paperwork, which may include their bank and Post Office savings accounts, Credit Union accounts, insurance policies, pension details, property Title Documents and details of any assets or liabilities.
- Value the Estate. The Executor arranges for the Estate to be valued and the values forwarded to the Solicitors they nominate. We write to the banks and other financial institutions for Certificates of Balance as of the date of death, and the Executor arranges valuations of the property. We discuss these values with the Executor.
- The Statement of Affairs. We help the Executor complete the Statement of Affairs for Revenue, which we file online once it has been reviewed and signed by the Executor. On receipt of Revenue's acknowledgement, the Statement of Affairs is submitted to the Probate Office with the probate papers we prepare.
- Apply for the Grant. The Executor or Personal Representative applies for the Grant through our office. We lodge the documentation required with the Probate Office to obtain a Grant of Probate, Letters of Administration, or a Grant of Administration with Will Annexed, depending on the circumstances.
- Administer the Estate. Once the Grant has issued, we close the deceased's bank accounts, register Title in the names of the people who have inherited, pay debts and any tax due, and distribute the balance to the beneficiaries named in the Will or to the Next of Kin on intestacy.
- Clearances and tax. We help the Executor or Administrator obtain letters of clearance from Revenue, the Department of Social Protection and the Nursing Home Support Scheme before any distribution of the Estate is completed. Beneficiaries may have to file an Inheritance Tax return with Revenue, and there are fixed deadlines each year. We advise beneficiaries of their obligation to file, and they then instruct their Accountant to file their returns.
Questions people ask
What if there is no Will?
The Estate passes under the rules of intestacy, and a close relative applies for Letters of Administration instead of Probate.
How long does probate take?
That depends on a number of factors. In the Mayo area, Probate can be extracted within a number of weeks once the Revenue and Court papers are in order. Each county has its own timelines for this work.
Can a Will be challenged?
Yes, sometimes. A Will can be challenged for a variety of reasons, for example:
- Where a child has not been properly provided for during their minority, that child can apply to Court under Section 117 of the Succession Act within six months of the Grant to make a claim against the Estate.
- A party may challenge the validity of the Will on the basis that the Testator or Testatrix was not capable of executing legal documents at the date the Will was executed.
- A party can challenge the Will on the basis that undue influence was exercised over the Testator or Testatrix at the time the Will was executed.
A Will can also be challenged if a spouse does not receive their Legal Right Share in the Estate.
Family law
Separation, divorce, and arrangements for children
We help people deal with family matters in private. Most family matters are settled by agreement, and we will always try to reach agreement before going to Court.
We will suggest that the parties consider counselling in the first instance or, if more appropriate, mediation before considering a separation or divorce. Mediation helps people make decisions and work out the terms of a separation or divorce.
The work
- Legal separation agreements
- Custody arrangements
- Access and maintenance applications
- Nullity applications
- Divorce applications
Separation
A Separation Agreement sets out where the parties live, how the children are looked after, how the children and/or spouse are maintained, and what happens to the family home, property, pensions and the Succession Rights of the parties. If agreement is not reached, you can apply to the Court for a Judicial Separation.
Divorce
We can help you make an application for a Divorce in Ireland. To apply, you and your spouse must live separate and apart. The Court has to be satisfied that proper provision is made for both you and your spouse and for the children.
Custody, access and maintenance
We will help you agree arrangements for children and maintenance for children or a spouse. If these cannot be agreed between the parties, they can be decided by the Courts.
Privacy
All family law cases are heard in private, and the instructions you give us are private. What is said in Court cannot be published in a way that identifies the people involved, and there are also restrictions on what information can be given about family law cases after they have been dealt with.
Questions people ask
Do we have to go to court?
You do not always have to go to Court. Many couples agree terms of separation or divorce through their Solicitors or through mediation. A Separation Agreement can be made without going to Court.
Is it private?
Yes, family law cases are heard in private.
Court cases
Disputes and court cases
We advise clients in relation to Circuit Court and High Court proceedings, in civil and family law matters.
A dispute can often be settled without going to Court, and that is the ideal and most cost-efficient way of dealing with matters between parties. If a dispute cannot be settled without going to Court, we take care of the following matters for our clients.
The work
- Contract disputes
- Claims for personal injuries
- Employment-related accidents
- Employer's liability claims
- Injunctions
- Circuit Court and High Court cases
Personal injuries
Most personal injury claims must go first to the Injuries Resolution Board before Court proceedings can issue. There are strict time limits for bringing these proceedings, generally two years from the date of the injury or from the date you knew of it. A letter of claim should be sent to the other side within one month of the injury. It is important to take legal advice as soon as possible after an injury to find out the time limit that applies.
In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Costs in court cases
Before we start, we will tell you in writing what our charges are likely to be and the basis on which they are calculated, and explain that if the case is lost you may be ordered to pay the other side's legal costs as well as your own costs and outlays.
Questions people ask
What if I have received Court papers?
Do not ignore Court papers. Many have short deadlines for a response, and ignoring them may have significant financial consequences for you. Please contact us and bring the papers in, and we will help you with the matter.
Fees
How our fees work
You will know what the work will cost, and the basis of the charges, in writing before we begin.
In writing, before we begin
Solicitors are obliged to tell their clients in writing what the costs will be, and the basis on which they charge, before the work begins. When you instruct us, we will send you a letter setting out the fees for the work we will be doing for you, or the basis on which the charges will be calculated if the fee cannot be fixed in advance. This letter is required by law under Section 150 of the Legal Services Regulation Act 2015. If anything changes and the costs are going to be higher, we will tell you in writing before that happens.
Once you receive this letter, we give you a ten-day cooling-off period at the start of the transaction to decide whether you wish to proceed.
VAT and outlays
A Solicitor's bill has three parts: our professional fee, VAT at 23% on that fee (payable to the Government), and outlays. Outlays are payments we make on your behalf to third parties such as the Revenue Commissioners, the Land Registry and law searches.
Your costs
Every matter is different, so please contact us and we will give you details of the costs and outlays for your transaction in writing, or discuss them with you by telephone.
Questions people ask
Why can't you give a fixed price for everything?
We can give you a fixed price for a property transaction. However, some matters, such as Court cases, can be more complex, and Estates may involve work that is outside anyone's control: a case may take longer than hoped, or a third party may make an unexpected claim against an Estate. We will tell you in advance how the fee is worked out and update you in writing if it is to change. Please contact us on 098 29835 for a costing before you commit to any transaction.
About
Helena Boylan
Solicitor and principal of Helena Boylan & Co., High Street, Westport.
Helena Boylan graduated with an honours law degree from Trinity College Dublin in 1989 and qualified as a Solicitor in 1992. She set up her own practice on High Street in Westport and has worked as a Solicitor in Westport since 1993. She has acted for people throughout County Mayo and throughout the country, taking care of property transactions, Wills, estate administration, family law matters and Court work for them.
The office
The office is on High Street, about 40 yards up from the Clock Tower on the left-hand side. Please feel free to contact the office by telephone or email to arrange an appointment, or call into the office. Appointments can be made by ringing 098 29835. Find the office on Google Maps or send an enquiry.
Contact
Contact us and find the office
The quickest way is to ring 098 29835. You can also email boylanhelenasols@gmail.com or send the short enquiry below.
Finding us
Walk up Bridge Street to the Clock Tower and carry on into High Street. The office is about 40 yards up on the left.
There is on-street parking on High Street, and the council car parks are a few minutes' walk away.
Opening hours: Monday to Friday, 9:30am to 5:30pm. Closed Saturday and Sunday.
Send an enquiry
What to bring to your first appointment
Photo ID (passport or driving licence) and a recent proof of address, such as a utility bill or bank statement, for every matter. We are required to see these before we can act. Then, depending on what it is about:
- Buying or selling: the agent's details, the price, mortgage approval, and any deeds or planning papers you hold.
- A Will: a list of what you own and who you would like to benefit, and your Executor's details.
- An estate: the death certificate, the will if there is one, and recent statements.
- A family matter: your marriage certificate and any existing orders or agreements.
Legal
Legal Disclaimer and Terms of Use
1. No solicitor/client relationship. The information on this website is for general information purposes only. Sending information through this website, or our receipt of any communication through our contact form or email, does not create a solicitor/client relationship between you and this firm. A solicitor/client relationship is only established once we have explicitly agreed to act on your behalf, a formal Terms of Business/Engagement Letter has been signed by both parties, and a Section 150 costs notice and engagement letter have been executed by you.
2. Not legal advice. The materials published on this website covering Conveyancing, Litigation, Probate and Family Law are provided as general commentary. They do not constitute formal legal advice.
Conveyancing and property. Property law, taxes and procedures vary significantly and change from time to time. Do not buy, sell or lease property based solely on this site. Always take legal advice from a Solicitor directly.
Litigation. Legal time limits (Statutes of Limitations) apply strictly to Court actions. Delaying action while relying on internet research could permanently damage your case. Always contact your Solicitor and ascertain the time limits from them directly.
Probate and Wills. Estate law depends heavily on individual family structures and financial situations. General articles cannot replace a tailored Estate plan. Contact your Solicitor directly.
Family law. Family law disputes involve sensitive, fact-specific situations regarding custody, access and the separation of assets that require direct consultation with a Solicitor. Always seek professional advice from a qualified Solicitor about your specific circumstances.
3. Limitation of liability. While we try to keep the information on this website accurate and up to date, we make no representations or warranties of any kind, express or implied, about its completeness, accuracy or reliability. Any reliance you place on this information is strictly at your own risk. To the fullest extent permitted by law, this firm excludes all liability for any loss or damage arising from your use of, or inability to use, this website or its content.
4. Third-party links. This website may contain links to external websites such as the Courts Service, the Land Registry or Government bodies. These links are provided for convenience only. We do not endorse, control or accept responsibility for the content, privacy policies or practices of any third-party sites.
Legal
Privacy Notice
1. Who we are. Helena Boylan & Co. Solicitors, High Street, Westport, Co. Mayo, F28 DX52, is responsible for any personal information you give us through this website. You can contact us about your information by phone on 098 29835 or by email at boylanhelenasols@gmail.com.
2. What we collect. When you contact us by email, phone or the enquiry form, we receive the details you choose to give us, such as your name, phone number, email address and a short description of your matter. The enquiry form does not store anything on this website. It opens your own email app, and the message only reaches us when you send it.
3. Why we use it. We use your details to reply to your enquiry, to check that we are free to act for you, and, if you become a client, to provide our legal services. Our legal basis is taking steps at your request before entering into an agreement with you, our legal obligations as solicitors, and our legitimate interest in running the practice, such as keeping a record of enquiries and checking for conflicts of interest. You do not have to give us your details, but if you do not, we may not be able to reply to you or act for you. We do not make decisions about you by automated means.
4. Who we share it with. We do not sell your information or use it for marketing. It is shared only where needed to deal with your matter or where the law requires it, and with the companies that host this website and provide our email. Some of these providers are based outside the European Economic Area, for example in the United States. Where your information is transferred outside the EEA, it is protected by the safeguards the law requires, such as the EU–US Data Privacy Framework or the European Commission's standard contractual clauses.
5. How long we keep it. If we do not go on to act for you, we keep your enquiry only as long as needed to deal with it. If we do act for you, your information becomes part of your client file and is kept for as long as solicitors are required to keep client files.
6. Cookies. This website does not use cookies, analytics or tracking. Our website host may keep standard technical logs, such as IP addresses, for security.
7. Your rights. Under the General Data Protection Regulation and the Data Protection Act 2018, you have the right to ask for a copy of your information, to have it corrected or deleted, to restrict or object to how we use it, and to have it moved to another provider. To use any of these rights, contact us using the details above. If you are unhappy with how we have handled your information, you can complain to the Data Protection Commission, 21 Fitzwilliam Square South, Dublin 2, D02 RD28, www.dataprotection.ie.