I wonder how this will work out for him
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Hamsterchops
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The actual grounds of objection no, their behaviour in relation to every forum and every form of authority, absolutely.
that doesnt stop them inheriting the house. and a charge can only be applied if the house is left to them individually in its entirety. if the house is left as equal shares to all the children no charge can be applied.
a couple of things. If the house is left as equal shares to the children it is my understanding that no charge can be applied to the house. and any charge only comes into force when the house is sold.
Actually it can be registered even if there are equal shares, what legislation would prevent to registration of a charge?
Divided ownership might make enforced sale by the creditor difficult or impossible, but it would also make it difficult for the Burke children to dispose of the property, obtain planning or even rent it out.
A charge can only registered with the consent of the other owners.
joint ownership has no effect on planning or renting.
I think they'll go old fashioned and will the house to whomever will be the newly appointed "leader" of their little sect after the parents are gone, with conditions that the other siblings can remain living there.
(Or whomever doesn't have a massive court order against them).
Whose the eldest? Isaac or Enoch? Or Esther?
For obvious reasons, I doubt it will be willed to Enoch or Ammi now.
Would those given the right to live their for life not incur a tax liability? Would it essentially become a BIK? The lucky named owner would also be responsible for maintaining the house, LPT etc.
Edit - there is:
He can force them to sell it in effect.
Enoch/Ammi would now have part ownership of an asset so the Sheriff could demand that they sell their share of that asset to clear their debts.
So the rest of the family would either have to sell the house entirely so that Enoch and Ammi could cash out or they could buy out their shares , again allowing Enoch/Ammi to cash out their value in the asset to give to the sheriff.
Basically Enoch/Ammi would not be allowed to retain ownership of the asset for very long once it was assigned to them in the will.
No idea. Just throwing it out there!
Whatever you say about them, they're not stupid. They'll just leave those two out of any inheritance, knowing that their brothers and sisters will look after them anyway.
Hardly as the value of the right to live in a house should be less than an actual share in ownership of it, there are so many siblings anyway, and the parent-to-child CAT threshold is (regardless of what FG say) quite high.
It's a bit off topic, but the value of a life interest in property doesn't depend on how many co-owners the property has; it depends on (a) what the property is worth, and (b) the life expectancy of the person to whom the right is granted, which in turn depends on the person's age and gender. In brief, the younger you are, the more a life interest is worth (and, correspondingly, the less value is attributed to the interest of the person or people who will get the property when you eventually die). There's an actuarial table at the back of the Capital Acquisitions Tax Act 2003 for valuing life interests.
I meant the number of other siblings the actual ownership would be split between - probably shouldn't have mentioned that at all really.
Haven't seen Louis Theroux do a new documentary in a while.
These lot seem right up his alley.
An easy way around that. Don't give them a right of residence in the will. Leave them nothing in the will and just have an informal agreement between siblings that Enoch/Ammi have an 'unofficial' right of residence and, even though there's nothing in writing, if you don't look after your brother and sister, God will be very very angry with you.
Fun and games on Friday when Enoch's appeal is being heard. Mammy, Ammi and Isaac are going as support. He's already objected to 2 of the 3 member appeal panel.
Yep, roll up, roll up, the circus is back in town!
Oh I wonder how this will go
I'm expecting a calm, reasoned approach from the Burkes. 😎
Given the previous performances of this crowd when it comes to court proceedings I hope the judge makes it clear from the outset that if any of them interfere by shouting out or any other intrusive behaviour, the offending party will be immediately removed from the court room in order to allow things progress.
Its time for any judges dealing with the burkes to rigidly adhere to courtroom protocol. Also, being charged with contempt of court surely has to come into play at this stage.
These people have already been afforded far too much leniency.
I think they mistook the saying ‘exhaust every avenue of appeal’…
As far as I'm aware, the Disciplinary Appeal Panel is not before a Judge.
The members are appointed by the Board of Management, and are meant to be independant.
(eta) from Citizens Information: Appeals
The Board of Management shall appoint a Disciplinary Appeal Panel which shall comprise:
1. an independent chairperson from a panel nominated by the Minister for Education and Skills
2. a representative of the recognised management body
3. a nominee of the relevant teacher union.
There'll hardly be any shouting so 😂
Ah there’s at least two more rounds of this yet.
We have the inevitable disruption of the DAP
That'll be followed by a day in court appealing the suspension of the DAP with the inevitable disruption,
Is it going to be on Sky PPV? I would seriously pay €50 to watch a live stream.
Agreed - This will go about as well as when Ammi appeared in front of the WRC.
That’ll be the third round.
Enoch will the court ruling in the suspension of the DAP. And the man on the street knows that the court ruling will be in favour of the school, so off to the WRC we go. Which will get disrupted.
I'd say mammy Burke is raging the RTE scandal will steal their thunder.
I see that Enoch has secured a temporary injunction preventing tomorrow's appeal against his dismissal going ahead.
While he had a valid argument, it just shows the hypocrisy of it all. He gives the two fingers to the courts for the last number of months, then proceeds to go in and look for the court's help at the last minute when he knows his time is up. (And let's face it if the school ignored the court and went ahead with the appeal anyway tomorrow, he'd be looking for the court's help again, despite him ignoring previous court orders to stay off school premises).
Probably just a delay tactic anyway, they'll give him what he wants then go ahead with a rescheduled appeal.
I wonder if that means he has also delayed himself being put of the payroll - again. i
And he is still trying to make the case about "transgenderism" when repeatedly, it has been ruled that it is nothing to do with it.