WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...

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WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
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             WHERE THERE'S A WILL....
APRIL 2018

             Consumer Choice looks at why you
             should consider making a will and what
             happens to your assets if you don't.

             MONEY                    LIFESTYLE       PRODUCT TESTS

       CAR RENTALS                IODINE LEVELS    WASHING MACHINES
       AIRLINE PASSENGER RIGHTS   SUNDAY TRADING   FRIDGES
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
www.thecai.ie

The
Consumers'
                            April 2018
Association of              Dear Member,
Ireland
                            We are pleased to note how both the Competition and Consumer              Consumer Credit Act, 1995 and the CB’s Consumer Protection
The Council is the          Protection Commission (CCPC) and the Central Bank of Ireland              Code. This is not entirely illogical as these are the financial
policy-making body          have outlined the very real concerns that consumers should have in        instruments/‘vehicles’ upon which all PCP agreements are based.
of CAI. Members are         consideration of Personal Contract Plans (PCPs) in our car finance                     The Central Bank has been clear in its warning that
elected from within         market. The CAI had stated our concerns regarding these plans in early    increased indebtedness and the banking system’s exposure is a
the CAI's membership        2016. Then, and now, we were concerned at the lack of understanding       cause for significant concern. Their findings of how consumers were
at the Annual General       by consumers of what, exactly, they were signing up to receive.           taking loans to finance the final ‘balloon payment’ instalment of their
Meeting.                                 A car is usually the second most expensive item you will     agreement, in a market where they consider credit checks to be a
                            buy and asset you will own outside of a home or property. This, we        matter of concern are startling. What was most illuminating was the
Council                     contended, always required a high degree of transparency from the         statistic they provided of how, at the end of 2017, consumers (129,249 to
Members                     seller matched with a full understanding by the purchaser of all of       be precise) were indebted to the sum of €1.5 billion on PCPs.
                            the terms and conditions attaching to a PCP agreement. Consumers                       With the two leading regulatory bodies in the State
Chairperson                 understand how the equity in their home is reflected in a simple          declaring their concerns, but little else, the CAI is unclear as to what,
Michael Kilcoyne            mathematical exercise of market value less borrowings. It is not simple   when or by whom action is to be taken. More to the point, the CAI
Vice-Chairperson
                            when it comes to a car under a PCP agreement where it is necessary        is unclear on the question of ‘if’ any action will be taken – and that
Raymond O'Rourke
                            to review the service history requirements and mileage accumulated        is unacceptable. We will therefore write to the Minister for Finance
Hon Secretary
                            against what is a highly volatile and undependable market value base.     to seek his and his Department’s view on how this issue should be
Elaine Bolger
Hon Treasurer               Increasingly, the result is a loss to the consumer who traded in a car    addressed, the timeframe in which it should be completed, the interim
Richard Donohue             with equity and trade-in value or an excess payment now owing from a      considerations for the protection of consumers in such agreements
Council Members             first-time buyer who made an uninformed choice.                           and, critically, who will be responsible for the management of the
Steen Bruun-Nielsen                      Our expectation from the CCPC review, which commenced        process.
James Wims                  in July 2017, was how we would see solutions and enhancements
                            proposed and acted upon in a market where, in 2016 - two years ago -
                            PSP agreements were signed that currently control over 33% of all new
                            car sales and a further 12% of second-hand car sales from that year.
                                         However, the recommendations from the CCPC were to the
                            Central Bank (CB) to act upon – notably – through the provisions of the

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                                                               Consumer Choice,
                                                                                                                        Managing Editor
         brands or models within the class, and the                                                                     Clodagh O'Donoghue
                                                               120/121 Baggot Street Lower,
         exclusion of any brand or model should not be
                                                               Dublin 2
         taken as a reflection on it.                                                                                   Researchers
                                                               Tel (01) 659 9430                                        Róisín Moloney Weekes
                                                               Email cai@thecai.ie                                      Atousa Motameni
         Social Media:
                                                               www.thecai.ie

         1         www.thecai.ie                                                                                                                                    April 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
Contents
                                                                                   www.twitter.com/The_CAI

                                                                                   www.facebook.com/
                                                                                   ConsumersAssociationIreland

                                       10                                                            16
                          6
                                                                10 21
      MONEY
                        13 11               COUNSEL                               PRODUCT TESTS
6 Money News                           10 Another Day, Another          16 Washing Machines
  The latest developments in money        Euro....The ‘rest’ is history    Looking for a great washing
  matters, including the potential        Open all hours...a look at Sunday      machine to take care of your
  impact of Brexit on the cost of         trading at home and away.              laundry load? Consumer
  living here and a reminder of your                                             Choice reviews ten washday
  consumer rights if you are jetting                                             wonders.
  away this summer.

13 Creating and Updating
                                            FOOD & HEALTH
                                                                              21 Fridges
   Your Will                           11 Iodine Levels Among                    Just chilling….our fridge tests
  What you need to know about             Teenage Girls in Ireland               have uncovered eight cool
  making a will and what happens if       Consumer Choice considers the          Choice Buys dedicated to
  you don’t.                              findings of a new safefood study       keeping your food fresh.
                                          and examines why iodine is so
                                          important to our health.

  2     www.thecai.ie                                                                                         April 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
News Briefs by Dermott Jewell                                                                         NEWS BRIEFS

Flat Pack, Flat Rate,
Flat Out
While Irish consumers enjoy its relationship-sav-       Get The Ore Out!
ing, sanity-maintaining benefits, together with         You may recall how in 2012 there was a call for the State to initiate a probe
other EU member states, in the US Ikea has              into the cash-for-gold sector in response to concerns it was potentially
only just announced its plan to roll out a fee-         funding illegal activity. In that year, this was a very new and challenging
based home assembly service across the coun-            concept and the number of outlets was growing at an astonishing rate - all
                                                        of them unregulated - and with public concern growing that certain of
try. The service was rolled out at locations in
                                                        these outlets were being used by criminals to offload stolen jewellery.
New York and San Francisco and is to become                        As we enter the second quarter of 2018, we remain without
available in most major cities throughout the           regulation in the area and, if we are to focus upon recent exchanges in Dáil
coming year. There, the service will be provided        Éireann, the Department of Justice is considering a further public consulta-
by employees (known as ‘taskers’) of a nation-          tion. Of course, key to any intervention and binding legislative action must
                                                        be the underpinning focus that these will, in no manner, affect legitimate
wide labour marketplace provider, TaskRabbit.
                                                        traders. With that understanding, it nonetheless remains a reality that this
Customers book a tasker through TaskRabbit              is an area for close-out without much further delay. It is included in the cur-
who comes and assembles the furniture for a             rent programme for government (drawn up in 2016) and, while the number
flat fee depending on the size of the item. It          of outlets has reduced, many remain - as does the potential and attraction
is this flat rate that has brought attention and        for a resurgence. It is time to move on.
contention to the service there. Currently, for
example, assembly of a single wardrobe costs
$81 (€66) through Task Rabbit while the Ikea                                    World Wide Woes
rate is $159 (€129) and the taskers believe the
flat rate is therefore undervaluing their time       In terms of online shopping it is always prudent to research the status of the
and effort. This reflects the difficulties of what   company so that you do not fall foul of trading problems. In the US, this has
                                                     been a major issue with some of the biggest and best known brand models
is known as the gig economy. It is little more
                                                     and stores filing for bankruptcy and other protections that can affect con-
than a revision of the piece-rate systems of old
                                                     sumers. A key issue in these circumstances is how the organisations begin
based upon informal agreements that offer work       a sell-off of stock. This is the case with Toys R Us where there was a decision
at non-negotiable flat rates without any under-      to liquidate on March 15th last. After 70 years of trading, this retailer will be
pinning benefits or ‘employee’ conditions. The       closing 735 stores by the end of June. Knowing how many Irish travellers
overriding term would be independent. What           love the store it is important to note that, if you have one, gift cards will only
is challenging here is the statistic from business   be redeemed for 30 days from March 29th.
and finance software developers Intuit predict-      		                    A popular store amongst many young teens, which has a
ing that 40% of American workers would be in-        significant presence here at home, is Claire’s. It too is struggling and recently
dependent contractors by 2020. Depends upon          filed for bankruptcy protection in the US. Claire’s would have a presence in
your definition of ‘independent’, surely?            99% of all US malls. While there will be US closures as a part of its debt-
                                                     cutting plans now agreed with the court, with regard to the over 7,500 stores,
                                                     concessions and franchises in 45 countries, that has yet to be decided.

April 2018 www.thecai.ie                                                                                                                3
                                                                                                                   www.thecai.ieApril 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
Brexit and RoI
I was reading recently how, on average,       Fáilte Ireland’s soon-to-be-published
500 couples from Northern Ireland             annual overseas visitors survey has
cross into the Republic to get married        shown a significant decline in the
every year. However, Brexit, weaker           number of visitors who say the country
sterling and the concerns of a hard           offers good or very good value for
border have resulted in both a decline        money. It suggests that half of almost
in bookings and inquiries. Hoteliers          2,000 people surveyed at exit ports
have voiced their deep concern. The           last summer thought Ireland offered
detail provided suggested an average          fair, poor or very poor value. The
spend of €24,000 and so the loss for          eye-watering rates that young couples,
that area of ‘spend’ is understandable.       tourists and consumers generally are
The answer? Well, it seems that the           being charged in an ever-increasing
focus is to be upon seeking to attract        majority of hotels, restaurants, bars
more business from North America and          and venues is unsustainable. It is poor
Germany. Matched with a need for the          value for money and reflects poorly on
industry to “ also wise up to changing        Ireland and all that we boast of in our
consumer habits if it wants to hold to its    welcoming invitations issued across
share of the weddings trade” is a “need       the globe. How do you and I know this?
for the sector as a whole to improve its      Because we live here and are bitterly
wedding offering”.                            disappointed – but not at all shocked –
		         These reflections are not          that fewer tourists think Ireland offers
without validity but I think it is closer     a good deal. We do not want a return
to the Fáilte Ireland findings where we       to RoI - Rip off Ireland - and we are
will find the reality best reflected in the   bordering on its return.
broader context. Preliminary data from

                               But NoBod-E Told Me It Would Be 15 Minutes Max…..
                                                             I was intrigued to read of the      sushi delivery robot that can
                                                             progress already in action on       carry enough for 60 people and
                                                             alternative methods for deliv-      is currently operating office
                                                             ering takeaway orders to the        parks and private areas only
                                                             doors of consumers across the       pending legislative approval
                                                             world. For the last year, a fleet   for wider activity. Robots also
                                                             of ten robots have been in con-     deliver medicines and samples
                                                             stant use by JustEat in London.     during the night shift at the
                                                             The Starship Technologies ro-       Nagoya University Hospital.
                                                             bots use sensors and a camera       In San Francisco, Zume is
                                                             to navigate the pavements; a        an automated pizza delivery
                                                             text with a PIN number is sent      restaurant with 19 human
                                                             when it gets to your location.      employees and eight robots.
                                                             You go to the robot, enter your     The pizzas are cooked en-route
                                                             pin, and it opens to give you       in a van equipped with 56
                                                             your food. Last month, when         GPS-equipped ovens! Self-
                                                             Storm Emma hit the UK, the          drive cars and drones are being
                                                             robots continued to safely          currently trialled. Drones have
                                                             deliver takeaways through-          difficulties in terms of legal
                                                             out that bad weather. The           monitoring requirements and,
                                                             Domino’s Robotic Unit (DRU)         where trialled, can only deliver
                                                             delivery robot is operational in    to dedicated collection points.
                                                             Germany and the Netherlands,        That said, I somehow feel it
                                                             although it is currently lim-       won’t be long before a pizza
                                                             ited to destinations within one     appears in the fireplace – per-
                                                             mile of a number of dedicated       haps a Beam Me Up Bento or
                                                             Domino’s outlets. Not surpris-      a Domino’s Diagonally!
                                                             ingly, in Japan, CarriRo is a

 April 2018
         www.thecai.ie                                                                                                             4
                                                                                                               www.thecai.ieApril 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
FOOD & HEALTH/News                                             by Clodagh O’Donoghue

Food & Health
EU-wide investigation into
unauthorised food offered online
The results of an EU-wide coordinated             novel foods that are non-authorised in          the national level - including inspections
control programme looking at food offered         the EU and food supplements that carry          of traders’ premises, warnings and
over the internet were published in March         medicinal claims, specifically those that       fines - and/or they were reported to other
2017. The report marks the first time that        indicate that they help in the prevention,      member states or third countries through
national authorities have pooled their            treatment or cure of bone and joint             the European Commission.
experience and resources in this area and         diseases.                                       		         FSAI Chief Executive Dr Pamela
the coordinated action demonstrates their         		        According to the recent report        Byrne has commented that “the high
willingness to respond to the challenges          on the findings, the national authorities       number of noncompliant offers is a clear
of the online universe and to safeguard           checked almost 1,100 websites and found         sign that e-commerce control across
citizens from unsafe and misleading food          428 offers of unauthorised novel foods          Europe needs to be strengthened”. Dr
products for sale online. A month-long            and 351 food supplements with medicinal         Byrne also pointed to publication by the
investigation was carried out in September        claims for a total of 779 products on           FSAI of information and guidance for
2017 by 25 EU member states together              sale that were clearly noncompliant             food businesses selling or advertising
with Switzerland and Norway in a plan             with EU legislation. The Food Safety            food online and the greater focus that
orchestrated by the European Commission.          Authority of Ireland (FSAI) took part in        is being placed on the online activity of
Each country’s food control authority             the investigations and found 17 offers for      food businesses by FSAI inspectors. As Dr
searched the internet for websites that           unauthorised novel foods and six offers         Byrne notes, “whether purchasing from a
offered in their respective language certain      of food supplements making prohibited           physical store or online, consumers have
food products for sale within their borders.      claims. All instances of noncompliance          the right to buy safe food which does not
The food products searched for were four          were the subject of follow-up action at         mislead”.

Reaping health benefits is a walk in the park
Walking is an excellent form of easily            limits.                                         to stop walking in urban streets because
accessible exercise but, to fully reap the        		         A walk in the park delivered         the benefits for healthy people were
benefits, it matters where you do your            benefits to all the study’s participants,       reduced but not completely eliminated
walking, according to recent research.            who experienced increased lung capacity         and the benefits of any physical activity far
The London-based study undertaken                 within an hour – and with some volunteers,      outweigh any harm caused by air pollution
by Imperial College London and Duke               this effect lasted for 24 hours. However, a     except in the most extreme air pollution
University in the US compared the health          walk along Oxford Street resulted in only       concentrations.
effects of walking for two hours in a busy        a small increase in lung capacity for some      		          The Get Ireland Walking Strategy
shopping area on Oxford Street with taking        volunteers and to a much lesser extent than     and Action Plan 2017-2020 notes that
a stroll for the same length of time in a quiet   recorded in the park. Exercise improves         walking is “flexible, fun, free and accessible
section of Hyde Park. The participants were       blood flow and can reduce stiffness in          to all”. Moreover, findings from the Irish
119 volunteers over the age of 60 years,          arteries and, again, noticeable benefits were   Longitudinal Study on Ageing indicate that
who were either healthy, had stable heart         experienced among volunteers after a walk       those aged 50 years and older who walk for
disease or had stable chronic obstructive         in Hyde Park but the effect was dramatically    the recommended 150 minutes per week
pulmonary disease – a lung condition. The         reduced after taking a walk along Oxford        had better wellbeing and were more socially
levels of pollutants measured in Oxford           Street.                                         active. The message seems to be to get out
Street, which sees high volumes of traffic,       		         Scientists have taken a number       and get active by going for a walk – and if
regularly reach harmful levels whereas            of lessons from these findings, including       you can do it in a park or some other green
even though Hyde Park is located within the       the need to address pollution problems in       area away from high-density traffic then
city, air pollution is generally within healthy   our cities. Experts would not advise people     that’s all the better.

  5      www.thecai.ie                                                                                                               April 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
MONEY NEWS

Money News                                                                                                     Money News by Róisín Moloney Weekes

The health                                                           “An ESRI study has examined how
of the Irish                                                         Brexit will impact the cost of living in
economy                                                              our country.”

The Economic and Social Research                      the cost of living in our country. The               scenario. Households in the highest-
Institute (ESRI) reports that, in 2017,               study examines the shares of imported                income group would face a 2.4% price
the Irish economy grew by 7.8% and,                   products from the UK in household                    increase.
in 2018, GDP is expected to grow                      spending and estimates the effects of                		         The study used a number
by 4.8%. It is further expected that                  a hard Brexit scenario, incorporating                of Brexit scenarios to examine the
GDP will grow by 3.9% in 2019 on the                  tariffs and other increases in costs of              price increase of a range of imported
assumption that a European Economic                   trade between the EU and UK.                         goods. It found that if tariffs were
Agreement will come into force                        		        The report finds that trade                introduced and other trade costs also
between the UK and the EU. While                      tariffs could lead to an increased                   increase following a hard Brexit, the
this indication of strong growth is                   cost of living of between €892 and                   price of bread and cereals could rise
encouraging and it is also reported                   €1,360 per household per annum. It                   by up to 30%, while the price of milk,
that unemployment is on the decrease                  is suggested that poorer households                  cheese and eggs could increase by
from an average of 6.7% in 2017 to                    will be most affected as they spend a                46%. However, these estimates do not
an estimated 4.5% in 2019 together                    greater share of their expenditure on                take account of switching of products
with increased tax revenue leading to                 food products, many of which are likely              or changes in expenditure patterns in
budget surpluses in 2018 and 2019,                    to be imported from the UK and could                 response to the cost increases. It is for
there remains the risk of Brexit and                  be subject to new tariffs. Households                this reason that these estimates are
its effects on Ireland. An ESRI study                 with the lowest incomes would face a                 likely to reflect the maximum increase
has examined how Brexit will impact                   4% price increase in the highest-impact              in the cost of living.

Holiday Car Rental                                    cancellation is included, what the fuel policy
                                                      is, and when extra charges could apply. Again,
                                                                                                          - and the same applies for the drop-off point. Do
                                                                                                          you require a car seat or a sat-nav system and
In preparation for this year’s summer holiday,        if there is an intermediary you will probably       will these extras cost much? To find more tips,
you may be considering a car rental but be            have to read more than one set of terms and         visit the ECC Ireland website www.eccireland.ie/
warned that the European Consumer Centre              conditions but although this is a tedious and       ultimate-cheat-sheet-booking-car-rental-online/.
(ECC) Ireland reports that this area is a frequent    time-consuming process, it is very much
cause of consumer complaint. To help avoid            recommended that you read them to know
the common areas of contention, the ECC               where you stand.
recommends that consumers establish who               		           Consumers should consider taking
they are contracting with. Like booking flights       screenshots of the booking process for their
when you search car rental online you will            records. Try to get a contact number of the
often be met with intermediary sites. You must        company that you are contracting with in order
establish who the contract is with and who to         to get answers to any questions that may arise,
turn to if something goes wrong. The answer           particularly if you are unsure of what you will
to this will lie in the terms and conditions, which   be charged in certain circumstances. The
unfortunately will have to be read. Next, it is       total amount payable should be clear for the
important to establish what is included in the        consumer regardless of when it has to be paid,
rental and are there any requirements such as         whether on booking or on pick up. Question
deposit requirements. Other questions that will       whether the pick-up spot is convenient for you
need to be considered include whether free            and whether there is an extra cost to change this

          www.thecai.ie                                                                                                                            April 2018
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WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
Flying away in 2018? Know your rights
                                                closures, security issues and medical           		          Following a 2009 European
                                                emergencies.                                    Court ruling, consumers are now entitled
                                                		          In the circumstances where          to compensation if they arrive at their
                                                you have chosen to be re-routed as soon         destination three hours or more after the
                                                as possible, then the air carrier must          scheduled arrival time unless their air
                                                provide you with care and assistance while      carrier can prove that the delay was the
                                                waiting for the alternative flight. This        result of extraordinary circumstances.
                                                consists of meals and refreshments, hotel       The amount of compensation payable
                                                accommodation where overnight stays             depends on the distance of the flight. If the
                                                are necessary, transport between airports       flight is classed as short haul, the amount
                                                and hotel transfers where necessary. It         payable is €250 per person. If the flight is
                                                is important that you keep receipts for         classed as medium haul, then the amount
                                                any expenditure arising from such an            payable is €400 per person. If classed as
                                                event when forced to make your own              long haul, the amount payable is €600 per
                                                arrangements as you may be entitled to          person – however, in the case of long haul
                                                reimbursement.                                  outside the EU where you arrive at your
                                                		          If you received between one and     destination less than four hours after the
                                                two weeks’ notice of the cancellation of        scheduled arrival time, this compensation
Your rights as an airline passenger under       your flight and you chose to be re-routed       can be reduced by 50%.
EU regulations are monitored and enforced       as soon as possible as above and you            		          The law states that when
by the Commission for Aviation Regulation.      get re-routed on a flight that departs no       calculating the distance of a flight, you
The commission provides a website at            more than two hours before the original         must use the ‘Great Circle Method’. This
www.flightrights.ie, which offers a guide       departure time and arrives no more than         method is traditionally used across the
to your entitlements in the event that your     four hours after the original arrival time,     aviation sector to determine the distance
flight is delayed or cancelled.                 you are not entitled to compensation from       between two airports. You can calculate
		         A number of common questions         the air carrier. However, if you were given     the distance of your own flight at www.
arise for consumers, one of which               re-routing outside of those timeframes, you     gcmap.com.
frequently is what rights they have when        are entitled to compensation unless the         		          If a dispute arises between you
their flight is cancelled. If your flight is    air carrier can prove the cancellation was      and your air carrier regarding the existence
cancelled, your air carrier must:               caused by extraordinary circumstances. If       of extraordinary circumstances and the
                                                you received more than two weeks’ notice        payment of compensation, the matter
1) offer a re-routing as close as possible to   of the cancellation, you are not entitled to    should be referred to the appropriate
the original departure time,                    compensation from the air carrier.              enforcement body and will depend on
                                                		          It may be the case that your        whether the airline is based within the
2) offer a re-routing at a later date, or       flight is not cancelled but is subject to a     EU or not. To guide you in this regard,
                                                long delay. If your flight is delayed beyond    go to https://europa.eu/youreurope/
3) offer a refund of the cost of the unused     certain timeframes, your air carrier should     citizens/travel/passenger-rights/air/index_
flight ticket.                                  provide you with written information about      en.htm#apr-problems for more information.
                                                your entitlements and also with care and         		         Alternatively, you can recover
This is the case regardless of when you         assistance. If, for example, your flight        some or all of the costs through your travel
are notified of the cancellation. In some       is delayed by less than two hours and it        insurance policy, if you have one. Each
circumstances, however, you may also be         is a short haul flight then you would not       individual policy will have to be checked for
entitled to compensation if, for example,       be entitled to compensation. For flights        allowances offered. If you booked using a
your re-routing was not within a certain        considered medium haul - that is between        credit card, you can contact the credit card
timeframe. Other entitlements will vary         1,500km and 3,500km - the delay must            provider and check if you can make a claim.
depending on the amount of notice that          be over three hours and for all long haul       If the flight is part of a package holiday, you
you have been given. If you received            flights - that is, more than 3,500km outside    have stronger protection under package
less than seven days’ notice that your          the EU - the delay must be greater than         holiday laws. Operators must refund
flight would be cancelled and you chose         four hours to seek compensation. If your        customers for the whole holiday if trips are
the option of being rerouted as close as        flight is delayed by more than five hours,      cancelled or they cannot get you to your
possible to the original departure date and     regardless of the length of the journey, and    destination.
you are then given re-routing that departed     you decide not to travel, you are entitled to   		          More information on common
no more than one hour before the original       a full refund.                                  problems arising for holiday makers can be
departure time and arrived no more than         		          Your air carrier should provide     found at www.flightrights.ie.
two hours after the original arrival time,      you with care and assistance, which should
you are not entitled to compensation from       consist of meals and refreshments, hotel
your air carrier. However, if you were given    accommodation where necessary and
re-routing outside of those timeframes, you     transport where necessary. If the airline
are entitled to compensation unless the         does not provide the above assistance
air carrier can prove the cancellation was      to you and you are forced to make your
caused by extraordinary circumstances           own arrangements, you should retain all
beyond its control, with examples including     your receipts as you will be entitled to
adverse weather conditions, airport             reimbursement of your expenses.

                                                                                                                                    March
                                                                                                                                     April2018
                                                                                                                                          2018
   7     www.thecai.ie
         www.thecai.ie
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
Product/Tech News
                                                                                                     Green Lego pieces
TV magic trick
                                                                                                   Danish company Lego has stated its aim
                                                                                                   of using sustainable materials in its core
Samsung’s latest TV innovation will                                                                products and packaging by 2030 and it
make the screen disappear when not in                                                              has made a start with the production of its
use. Only a couple of months back, we                                                              first bricks made from plant-based plastic.
discussed in these pages the Samsung                                                               Unlike traditional Lego blocks, which are
Frame TV and the LG Wallpaper TV                                                                   made from oil-based plastic, the new Lego
that masquerade as a picture, painting                                                             pieces are produced using a polyethylene
or portrait on your wall when you are                                                              plastic made with ethanol sourced from
finished viewing. Samsung has taken                                                                sugarcane. Appropriately enough, these
this a step further again and seeks to                                                             eco-friendly pieces are botanically themed
have the TV do a vanishing act thanks                                                              and will include leaves, bushes and trees.
to its Ambient Mode setting. As TVs                                                                Despite being made with 100% plant-based
have grown larger, they take up more      Samsung's 'invisible' TV screen                          plastic, Lego says that the new pieces are
and more space in our living areas and                                                             “technically identical to those produced
when they are switched off, that leaves a                                                          using conventional plastic” so that parents
large blank black rectangle dominating                                                             and children will not be able to tell the
the room. Samsung’s Ambient Mode is                                                                difference. And importantly, the new pieces
another design idea taking aim at this                                                             will be equally durable.
decidedly first-world problem.                                                                     		          According to 2015 research by the
		          To perform the disappearing                                                            World Watch Institute, around 4% of global
trick, you simply take a picture of the                                                            annual consumption of petroleum is used
wall that is going to sit behind your new                                                          to make plastic and a further 4% is used
wall-mounted TV and then you set this                                                              to power plastic-making processes. Lego
image as the wallpaper of the TV. So                                                               is serious about its search for sustainable
once the TV is left idle, a low-power                                                              alternatives to its current products and
setting can be put into action that                                                                has invested 1 billion Danish Krone (€133
displays the wall image, helping the                                                               million) to create a dedicated Sustainable
appliance to blend into the background                                                             Materials Centre aimed at finding more
and become ‘invisible’...kind of. Having                                                           sustainable production methods for its
a tangle of cords hanging down from                                                                beloved plastic bricks that have given so
the TV would rather ruin the illusion so                                                           many hours of entertainment to successive
Samsung provides a transparent cable      Lego's plant-based plastic pieces                        generations.
that it has dubbed the ‘One Invisible                                                              		          In other environmentally friendly
Connection’ into which all cords can be                                                            actions, Lego has made investments in
accommodated. The notion of turning                                                                wind power and has begun using paper-
your TV invisible may be something                                                                 pulp trays for its advent calendars in a bid to
of a gimmick but it could help the                                                                 reduce the amount of plastic waste bound
manufacturer to capture consumer                                                                   for landfills.
attention in the highly competitive                                                                		          The first botanical plant-based
TV market. For a rundown of some of                                                                pieces will start appearing in boxes of
the many models currently available,                                                               Lego during 2018 so the Lego lover in your
including 12 Choice Buys, see our                                                                  household can begin looking out for them
Televisions test starting on page 21 of                                                            later this year.
our March 2018 issue.

                                                              Product News by Clodagh O'Donoghue

  The products featured on these pages have
  not been tested by the Consumers’ Association of Ireland and their inclusion
  here is not, in any way, an endorsement of them.

  8         www.thecai.ie                                                                                                          April 2018
WHERE THERE'S A WILL - Consumer Choice looks at why you should consider making a will and what happens to your assets if you don't ...
Cutting the cord
                                                       cleaners run on battery power and ditch the            sit in a straight line with the aim of improving
                                                       cable for the ultimate in convenience and              suction efficiency. The dust container has also
                                                       manoeuvrability around the home. However,              been enlarged and is now 40% bigger than
                                                       there typically is a trade-off with these machines,    the container on the V8 version so this should
                                                       in that they offer smaller capacity and limited        translate into fewer trips to the bin to empty the
                                                       battery life that can make them unsuitable for         contents. It must be said, however, that this
                                                       larger homes.                                          expanded capacity will still not rival that of most
                                                       		          Dyson has been making very                 traditional cylinder vacuum cleaners. Battery
                                                       creditable cordless vacuum cleaners for a while        life is also said to be improved on the Cyclone
                                                       and with its latest offering, the Cyclone V10, the     V10, with the manufacturer touting a whole
                                                       UK manufacturer believes it has reached the            hour’s operation on a single charge when used in
                                                       point where it is now time to stop developing          handheld mode.
                                                       full-sized corded models as cordless models            		            Currently only available in Ireland from
 Dyson prides itself on being at the forefront of      are “the future”. The Cyclone V10 houses a new         the Dyson website, the Cyclone V10 Absolute
 innovation in the vacuum cleaner market and,          V10 digital motor that is claimed to deliver 20%       costs €500 while the Cyclone V10 Animal is
 having done away with dust bags many years            more suction power than its predecessor, the V8,       priced at €450. Undoubtedly, these products
 back to create the bagless vacuum cleaner, it         but is almost half its weight for ease of pushing      will make it into Irish shops over the next while
 now looks set to eliminate the cord for good.         around. On the inside, 14 cyclones are arranged        but whether the corded vacuum cleaner is really
 Cordless vacuum cleaners have been growing            around a central axis and are reported to enable       going the way of the dinosaur will have to be
 in popularity over the last few years, offering a     airflow of up to 190km/h. On the new model,            seen.
 lightweight alternative to traditional vacuum         the company’s engineers have rotated the dust
 cleaners. These slimline upright vacuum               container and cyclones by 90° so that they

 Plastic packaging reduction efforts
  Plastic packaging on the products we buy             • 100% of its own-label packaging will be             additional loose options, bringing the total
  has become a massive problem of which the            recyclable, reusable or compostable by 2022           number of loose options to around 25% of its
  world is becoming all too aware and German                                                                 range.
  discount supermarkets Aldi and Lidl are              • a 50% reduction in all product packaging will       		          Earlier in 2018, UK food retailer
  making efforts to contribute to a much-needed        be achieved by 2025 relative to 2015 levels           Iceland pledged to eliminate plastic packaging
  solution. As noted in our March 2018 article,                                                              from its own-brand products by the end of
  Recycling Refresher – No time to waste, Ireland      • and half of all own-label product packaging         2023 and it has voiced its support of proposals
  has the dubious distinction of being the top         will be made from recyclable material by 2025         in the UK to introduce a deposit return scheme
  producer of plastic waste in the EU, with 61kg                                                             on plastic bottles to boost plastic recycling
  of plastic waste per person per year and,            Aldi has already eliminated all plastic stems         rates and reduce ocean pollution.
  alarmingly, almost 8 million tonnes of plastic       from its cotton buds and banned microbeads            		          Closer to home, a Recycling
  end up in the world’s oceans annually. The           and microplastics from its products.                  Ambassador Programme is being offered,
  weekly supermarket shop is responsible for                                                                 facilitated by environmental charity VOICE and
  bringing huge amounts of packaging waste             Meanwhile, Lidl has announced new targets             aimed at improving recycling rates in Ireland
  into the home and though we, as a nation,            that will see:                                        and reducing the levels of contamination in
  have a good track record on recycling our                                                                  household recycling bins through talks and
  packaging, it would undoubtedly be better if         • a 20% reduction in plastic packaging volumes        workshops delivered to interested groups.
  the overall volumes of packaging on products         by 2022                                               As part of this initiative, a new grant fund
  were significantly reduced. Moreover, vast                                                                 of €42,500 has been made available to
  amounts of the plastic packaging produced,           • 100% of own-brand packaging to be                   community groups nationwide. Up to €500
  primarily all soft plastics such as bags and         recyclable, reusable, refillable or renewable         per grant will be offered to support community
  films, are not currently recyclable here.            by 2025                                               groups to engage with their neighbours to
  With that in mind, any and all efforts that can                                                            clear up confusion about what should go
  help stem the plastic deluge that threatens          • 50% of material used in own-brand packaging         into recycling bins through face-to-face local
  to engulf us are to be profoundly welcomed.          coming from recyclable materials by 2025.             discussions. The community groups will
  Aldi and Lidl recently announced a series of                                                               also be asked to conduct a survey in their
  commitments that they are making to reduce           Lidl has also said that it would no longer be         community that asks about current recycling
  the amount of plastic in circulation through         using microbeads in cosmetic and household            behaviours and the barriers to recycling
  their stores.                                        products. Shoppers will see some in-store             that may exist. More information on this
  		          For its part, Aldi Ireland has pledged   changes in coming weeks as Lidl is responding         grant initiative may be obtained at http://
  that:                                                to growing demand for loose fruit and                 voiceireland.org/new-community-grant.
                                                       vegetables by trialling the introduction of 11

    9       www.thecai.ie                                                                                                                              April 2018
Counsel/Sunday trading                      discontent and rumoured inadequate                   – there have been no changes there. In 2016,
                                                  considerations, in the main, it would appear         there was an attempt to relax the laws and
                                                  how service providers have come to terms             allow local councils and mayors to determine
Another Day, Another                              with their employees and are paying rates            the most appropriate structure for their area.
Euro....The ‘rest’ is history                     acceptable to the employees and their                The opposition to the move was intense and,
                                                  representatives and, in addition, have               amidst claims of the relaxation being ‘anti-
In 1999, the Consumers’ Association of            acknowledged their rights to adequate leave          family, anti-small business and anti-workers’,
Ireland (CAI) was invited to contribute toward    and rest time.                                       there was insufficient support for change.
a discussion regarding the positive and           		          Much of the progress in this area        		          Alternatively, a ban on Sunday
negative elements associated with Sunday          came through the demands of globalisation            trading, introduced in Hungary in March 2015
trading. At that time there had been stern        and the ability of Irish business to engage          was repealed in April 2016. It was not clear
opposition to Sunday trading specifically         at the highest to meet ever-increasing               initially why this change took place so soon
because:                                          levels of demand and in all time zones. The          following the introduction. It was sometime
                                                  introduction of international trading sectors        afterwards that it was realised how, some
• It was perceived to be destroying what          within our multinational business community          few days before the reversal, the Hungarian
was seen as the tradition of Sunday being         demanded how the system of employee                  Socialist Party (MSZP) had won High Court
observed as a day of rest and observance and      support be fit for all purposes. The utilisation     support for a referendum to determine the
a day for the family;                             of our market and geographical location by           matter. Clearly, now, this is a space to be
                                                  providing a labour force to service world            watched for new considerations on a national
• There were concerns in relation to the          markets around the clock would otherwise             scale.
adequacy of pay and rest days offered to          fail.                                                		          In 2018, we have now seen Poland
employees, and                                    		          Beneficial to this, of course, was the   take a very definitive decision to ban Sunday
                                                  move to take advantage of cheaper call rates         trading. It can be argued that this entirely
•There were questions in relation to the rising   and other charges outside of ‘normal business        ignores the needs of all Polish citizens
of prices to compensate for higher staff wage     hours’ and necessitating a comprehensive             who labour beyond a Monday-to-Friday,
payments for Sunday work.                         restructuring of the working day to counter          nine-to-five working week; that it sees no
                                                  the difficulties and losses encountered, for         ‘need’ to keep in step with European and
		          On Sunday, March 11th of this year,   example, through our increasing traffic              global partners or to meet the expectations
a new law in Poland came into effect banning      problems. Problems that are increasing, now,         of international visitors. Could it not also be
almost all trade on Sundays. This ban will        some 19 years later!                                 argued that Poland has shown a preference,
come into full, nationwide effect in 2020. The    		          Now, public opinion has clearly          instead, to focus upon maintaining a national
change is creating intense debate as Poland       signalled its attitude and its requirement and       respectability?
is a country where liberalisation has raised      demand for access to goods and services at a          		         Very often the particulars of this
discontent amongst workers who feel they are      time or day that is convenient to them. This         debate focus, almost entirely, upon religious
being exploited while others see the freedom      is why, as I have already outlined above, there      preferences and/or business demands rather
to engage as consumers as a clear reflection      is a clear and definite demand for Sunday            than the approved and accepted preferences
of positive change and free market openness.      trading. It is not simply that consumers want        of the citizens as a whole and, as is potentially
		          In March 1999, we reflected how,      to roam aimlessly across ‘malls’, but that, in       a future concern for Hungary, in the majority
in the interest of all consumers, the CAI and     a significantly high number of personal and          through referendum.
other consumer organisations favoured             family lives, Sunday is the only day free for        		          There is a mood for change and this,
flexibility and liberalisation in relation to     grocery, clothing and lifestyle shopping in a        therefore, demands open debate of the needs
shopping and trading hours. Ireland had           communal environment. It is the alternative          driving change. It must be for the better.
become a mature market with over 50 years         to online and it is a part of life.                  Determining what is ‘best’ is a moveable
experience of open trading with a retail          		          For the consumer, standard prices        feast. This Easter will see Ireland change its
industry susceptible to change in consumers’      are set and unaltered. There is a willingness        approach to the opening of public houses
shopping habits and attitudes. Consumer           to pay for service, always provided that it is       on Good Friday. To whose benefit or interest
attitudes and demands had changed very            of an acceptable standard and delivers a full        was this determined to be ‘best’ for – the
considerably.                                     range of quality produce.                            citizens or the visitors – the consumers or the
		          Demographic analysis indicated        		          Of course, there must be                 breweries – the workers or the employers - the
then that the high level of married women         consideration of the underlying growth and           nation or the State? This has been a decision
in the workforce had increased demand             how, if we are to be entirely honest about it,       taken without referendum and without any
for convenience shopping with opening             Sunday trading has become a reality because          real engagement with the citizens. That being
hours to suit. Allied to this, the traditional    the digital, manufacturing and trading               the case, and it being a seismic change in Irish
family Sunday had altered to the degree           demands of business have made it so. It is a         cultural terms, should we now be preparing
that shopping was now viewed by many as a         business creation that has spurred a public          ourselves for a revisit to the consideration
leisure activity. This was what has led to the    need.                                                of on-street alcohol vending machines; or
enormous growth and popularity of the out of      		           In 1994, Sunday trading in England      perhaps 24-hour opening of public houses?
town shopping centres.                            and Wales was introduced restricting large           		          In this specific area ‘Trading’,
		          In addition, the increased level of   retailers to trading for a total of six hours        currently, is the operative word at the heart
demand from the tourist sector had been           between the hours of 10am and 6pm. The               of any consideration. I think it is time to add
– and very much continues to be - met on a        smaller retail outlet, with a floor space below      some new words that will help us to better
nationwide scale and is providing funding and     3,000sq feet (278 sq. metres), can open as           consider and determine what is our future
labour opportunities that for many years were     normal. With one exception – during the              and our enjoyment of it.
outside of our reach.                             London 2012 Olympic and Paralympic Games,
		          While there are pockets of            when trading laws were relaxed to boost sales        Dermott Jewell

          www.thecai.ie                                                                                                                      April 2018
April 2018                                                                                                                      www.thecai.ie       10
FOOD & HEALTH / Iodine

Iodine Levels Among Teenage
Girls in Ireland

Consumer Choice considers a new safefood study                                                                     REPORT by Clodagh O’Donoghue

that measured iodine levels of teenage girls in                                                         At a glance
                                                                                                        • The importance of iodine
Ireland and looks at why iodine is so important for                                                     • Study findings
our health.                                                                                             • Recommendations

A recent safefood study has         each day, and this is generally
found that teenage girls in         achieved through a healthy
                                                                        Table: Iodine content in micrograms per
Ireland currently have sufficient   balanced diet. Indeed, we are
                                                                        portion of food
levels of iodine in their bodies.   fortunate in the Western world                                                                    Iodine
Although this is very good          that iodine deficiency is rare.                                                              (micrograms [µg])
news, there is no room for          However, there are concerns         Food                           Portion (g)                  per portion
complacency as the levels           at a global level that some         Dairy
found are at the low end of the     population groups may not
recommended range. So why           be consuming enough iodine          Milk, whole                         200                            62
is iodine so important? Where       and even mild deficiency can
can we get it? And how do we        negatively affect health.           Yoghurt, plain                       125                           79
ensure that we have adequate
levels of iodine in our systems?    What foods contain                  Cheese, cheddar                      40                             12
                                    iodine?
The importance of                   Given the importance of             Fish and shellfish
iodine                              iodine to our health, it is worth
                                                                        Haddock, cooked                      120                           421
Iodine is a mineral that plays      considering if we are likely to
a key role in the creation of       be obtaining sufficient levels      Cod, cooked                          120                           161
thyroid hormones. These             through our diets. Iodine is
hormones are, in turn, very         contained in a range of foods,      Salmon, cooked                      100                             14
important as they are involved      but the best sources are dairy
in many body processes              products and fish, with white       Prawns, cooked                       60                             12
including growth and the            fish being a richer source than
                                                                        Eggs, meat, poultry and nuts
regulation of our metabolisms.      oily fish. A number of factors
Although we all need iodine,        will affect the actual amount of    Eggs                                 50                            25
it is particularly important for    iodine contained in foodstuffs,
pregnant and breastfeeding          including the iodine content of     Meat, cooked                        100                             14
women because it is essential       the soil, farming practices, fish
for the development of a baby’s     species, and time of the year.      Poultry, cooked                     100                             7

brain. Our bodies cannot make       As a result, the information on
                                                                        Nuts, mixed                          25                             4
iodine so we must get it from       the table provided by safefood
our diets. The recommendation       and featured here is for general
                                                                        Iodine content of food sourced from The Composition of Foods, Seventh summary edition,
in Ireland is that adults should    guidance only.                                                                 Cambridge: Royal Society of Chemistry, 2015.
get 130 micrograms of iodine

 11     www.thecai.ie                                                                                                                             April 2018
is associated with better iodine status.       women who are planning on becoming
                                               Participants generally reported low            pregnant or are pregnant or breastfeeding
                                               consumption of fish and the iodine levels      need higher levels of iodine, it is very
                                               in the urine samples were not associated       important that such women talk to their
                                               with intake of fish or eggs.                   GP or trusted health professional first
                                               		        In another aspect of the study,      to find out how much they need. Some
                                               results of tests on babies born in Northern    multivitamin products may contain iodine
                                               Ireland between 2000 and 2014 were             but you should ALWAYS consult with your
                                               also found to indicate sufficient levels of    GP before taking a supplement while
                                               iodine.                                        pregnant or breastfeeding.
                                                                                              		         The very best way to get iodine
                                               Milk matters                                   is through a healthy, balanced diet.
                                               As noted by the study’s principal              Although you may find mention of iodised
                                               investigator, Professor Jayne Woodside         salt as an iodine source, safefood points
                                               of Queen’s University Belfast, “milk is the    out that less than 5% of the salt sold in
                                               most important source of iodine in the         Ireland contains iodine and that eating
                                               diet”. For this reason, the research also      foods like dairy, fish and eggs is the
                                               examined iodine concentrations of milk         recommended way to get sufficient levels
Study findings                                 samples collected during various seasons       of this essential mineral into your body.
As part of wide-ranging research               of the year and found that there was no
commissioned by safeood and conducted          difference between iodine concentrations       For full details of the study and its
by Queen’s University Belfast into iodine      of samples collected in spring and summer      findings, go to www.safefood.eu to view
levels across both the Republic of Ireland     months with those obtained in winter and       the Iodine Status on the Island of Ireland
and Northern Ireland, a survey was             autumn months. Similarly, no differences       report.
conducted, through their schools, of           were found in iodine concentrations
900 female pupils aged 14 to 15 years          between organic and conventional milk
in Belfast, Cork, Derry, Dublin, Galway,       samples, though the number of organic
Roscommon and Sligo. One reason that           milk samples collected was small.
this population group was chosen as a          Professor Woodside notes that the study’s
focus of the study is because those who        focus on 14- and 15-year-old girls is
might proceed to pregnancy in the short-       important given that there were concerns
to-medium term and their infants are the       that this group was not getting sufficient
most susceptible to the adverse effects of     iodine from their daily diet. Compared
iodine deficiency.                             with other population groups, teenage
		         Data was collected between          girls and young women consume some of
March 2014 and October 2015 through            the lowest amounts of milk. This would
a food frequency questionnaire that            appear to partly arise from a perception
gathered information on how often              that milk is “fattening”, according to a
participants consumed iodine-rich foods        previous safefood study of the milk supply
and a demographic questionnaire that           chain. However, whole milk contains 4g
looked for details of age, address and         of fat per 100g, which is much lower than
ethnic background. Participants also           the cut-off point of 20g of fat per 100g at
provided early morning urine samples that      which a product is deemed to be ‘high fat’.
were used to assess iodine levels.             In addition, there are fat-free/skimmed
		         The key finding of the study        and low-fat/semi-skimmed versions
is that teenage girls living across            available.
the island of Ireland currently have           		         According to safefood’s Director
sufficient amounts of iodine in their          of Human Health and Nutrition, Dr
bodies in accordance with World Health         Cliodhna Foley-Nolan, it is important that
Organisation (WHO) guidelines. This was        teenage girls and young women continue
found to be the case even in summer            to consume foods such as milk and dairy
months, when iodine status is expected         products both because of their iodine
to be at its lowest. Although this is a very   content and also for their calcium content.
welcome result, the study also noted that
the amount of iodine measured was at           Need for additional iodine?
the low end of the range identified as         Too much as well as too little iodine in
adequate by the WHO, which recommends          our bodies can have significant health
that population-level monitoring of iodine     consequences. As noted by Dr Foley-
and intake of dietary sources of iodine be     Nolan, “we get sufficient iodine in a varied
reviewed every five years.                     diet containing milk, dairy and fish and
		         The findings also showed that       additional iodine should only be taken
higher consumption of dairy products           under medical supervision”. Although

  12    www.thecai.ie                                                                                                           April 2018
MONEY / Making a will

Creating and Updating
Your Will

                                                                                                        REPORT by Róisín Moloney Weekes
Consumer Choice investigates why we
should make a will, what happens when we die                                                       At a glance

without a valid will, when we should change a                                                      • Rules of intestacy
                                                                                                   • Changing your will
will, and how to tackle the issue of taxation.                                                     • Dealing with taxation

A will is a document that sets out how you        who they want to look after their children       the rules of intestacy apply. In this case, your
wish for your possessions to be distributed       under the age of 18. A will enables parents to   estate will be distributed in accordance with
after your death. A will can offer great peace    appoint guardians in the event of something      the law and this can sometimes mean that
of mind as it is the most effective way to make   happening to both parents and also to appoint    those who you wish to provide for are left out.
sure that your possessions are distributed        trustees, which will remove uncertainty in       Table 1 illustrates how the law will distribute
as you had wished, as opposed to if you die       relation to who provides for children in those   your estate if you die without a valid will,
without a will when your possessions will be      circumstances.                                   which is known as dying intestate. The rules
distributed according to the law. Keeping                                                          of intestacy do not take account of what the
control of your estate through the making         Rules of intestacy                               deceased's wishes would have been and are
of a will means that you can provide for          Many of us have a mistaken belief that those     not flexible. After funeral expenses and debts
individuals who may need extra assistance,        family and friends we leave behind can sort      are discharged, the estate will be distributed in
such as a child with special needs. It also       matters out between themselves, but if you       accordance with Table 1.
offers parents the opportunity to set out         do not have a will then the law kicks in and

 13      www.thecai.ie                                                                                                                   April 2018
Table 1: Rules of intestacy
   If you are survived by                             Who benefits                                           Who administers your estate

Spouse/civil partner with
                               Spouse /civil partner gets entire estate                      Spouse /civil partner
no children

                               Spouse/civil partner gets two thirds of your estate and the
                                                                                             Spouse /civil partner is entitled to administer the estate, if
Spouse/civil partner with      remaining one third is divided equally among the children.
                                                                                             they do not want to administer the estate, then any of the
children                       If one of your children has died that share goes to his/her
                                                                                             children over 18 years are entitled to administer the estate
                               children

Children but no spouse/civil   Estate is divided equally among the children or their chil-   Each child over 18 years is entitled to apply to administer
partner                        dren if applicable                                            the estate

                               Estate is divided equally between parents, and in the case
Parents but no spouse/civil                                                                  Both or one of the parents is entitled to administer the
                               of only one parent surviving, he/she will get the entire
partner or children                                                                          estate
                               estate

                               Estate is shared equally among them with the children of a    One or more siblings are entitled to apply to administer the
Brothers and sisters only
                               deceased brother or sister taking his/her share               estate

                                                                                             One or more nieces and/or nephews are entitled to apply to
Nieces and nephews only        Estate is divided equally among those surviving
                                                                                             administer the estate

                               Estate is divided equally between the nearest equal
Other relatives                                                                              One or all
                               relationship

No relatives                   Estate goes to the State

Making a will                                        previous will. You may also wish to make a           to a share of the estate.
When creating your will it is important to           new will after the death of a spouse or the          		         Other concerns may arise when
keep in mind that in order for your will to be       birth of a child. Similarly, you may adjust your     property is owned jointly. In the case where
valid and enforceable it must comply with            will if your assets have altered significantly,      a property is held jointly, as opposed to
certain rules as set out in the Succession Act       either increasing or decreasing in number            in separate shares, then it will pass to the
1965. The will must be in writing, you must          or in value, and you may also wish to make a         survivor where there is clear evidence that
be over 18 years of age or married and you           change based on changes in tax law.                  that was what was intended. In the case of
must be of sound mind. Your will must be             		          When it comes to making changes          joint bank accounts, they are often opened
witnessed by at least two people and these           to an existing will, this can be done by             for convenience - if, for example, a relative
people cannot benefit under the will or be the       way of a codicil (that is, an instruction that       deals with bills or where the joint account was
husband or wife of someone who will benefit.         is added to the will) and this will require          opened for a specific purpose such as paying
The witnesses do not have to read your will or       the same witnessing formalities as the will          funeral expenses - and in such cases it is
know what it contains but you must sign the          itself. Depending on the level of change             important to specify in writing when opening
document in their presence. Generally, a will        required, creating a new will may be more            these accounts whether it is intended that the
appoints an executor and it is the duty of the       straightforward. A will is revoked when a valid      survivor is to keep the money or if the balance
executor to administer or manage the estate          will is made at a later date.                        in the account is to form part of the estate.
in accordance with the will. Depending on                                                                 		         Concerns may arise when you have
the size and scope of the estate, this can be        Restrictions                                         no cash assets and the only asset is a house or
quite an onerous task and so it is advisable         Even in circumstances where you have a valid         farm but you wish to make gifts to more than
to ask someone before you nominate them.             will, the law imposes certain restrictions on        one person. In such circumstances, you can
If no executor is appointed or the executor          how you can deal with your estate and your           leave that asset to one person on condition
predeceases you, the estate will have to             spouse or civil partner has a legal right to a       that he/she arranges for legacies to be paid to
be administered by a person known as an              share of your estate depending on whether            other people you choose.
administrator.                                       there are children of the relationship. If you
		           It is advisable to seek professional    are separated from your spouse, it does not
assistance with drafting or changing your            mean that your spouse automatically loses
will. Solicitors often charge a relatively small     the legal right share of your estate but it can
fee to draft a will - generally €100 plus VAT of     be cancelled under the terms of a separation
23% for a basic will, though this cost can vary      agreement or judicial separation or can be
across the country. If there are complicating        cancelled by court order when there is a
issues such as trusts and specialised tax            divorce and these provisions also apply to civil
advice is required, then this fee will increase      partners. In the case of unmarried partners,
accordingly.                                         a surviving partner will have no succession
		           Having a will drafted and executed      right and will therefore be limited to whatever
is the first step but we must revisit our will if    rights they can establish in contract or left
our circumstances change, such as following          under a will. A cohabitant has the right to
a marriage or remarriage or entering a civil         apply to court for provision from the deceased
partnership - all of which will revoke your          cohabitant’s estate but has no automatic right

  14     www.thecai.ie                                                                                                                             April 2018
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