Probate law

Extrinsic evidence showed that testatrix intended to benefit sheltered housing organisation.

By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: ,

In Re Estate of O’Flynn; Marren v. Masonic Havens Ltd [2011] IEHC 525
(High Court, Murphy J, 11 November 2011)

High Court admits extrinsic evidence to conclude that a bequest by a testatrix was intended to benefit an organisation providing sheltered housing.

Probate – bequest to charity – cy-pres scheme – whether will demonstrated general charitable intent – charity providing sheltered housing – bequest to “The Haven, Blackrock” – whether bequest intended to benefit “The Haven” in Monkstown, Co More

Action against solicitor struck out, and Isaac Wunder order granted.

By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: , , ,

Gunning v. Sherry [2012] IEHC 88
(High Court, Hogan J, 28 February 2012)

High Court strikes out action against solicitor as an abuse of process and grants “Isaac Wunder order” against plaintiff, restraining her from commencing any further action in respect of same subject matter.

Proceedings against solicitor – application to strike out proceedings as abuse of process – res judicata – Isaac Wunder order – earlier proceedings concerning estate of plaintiff’s father in Circuit Court and High Court – ejectment proceedings – removal of plaintiff as executrix of More

Plaintiffs awarded costs following settlement of action and earlier judgment.

By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: ,

Cawley v. Lillis [2012] IEHC 70
(High Court, Laffoy J, 21 February 2012)

High Court awards plaintiffs’ costs to be paid out of funds held jointly with defendant following sale of assets held with his deceased wife, and makes no order in relation to defendant’s costs.

Costs of proceedings – settlement following earlier judgment – joint funds arising from realisation of joint assets – action commenced by special summons concerning estate of deceased – relevance of case law concerning probate actions – contest between estate and third party concerning ownership of More

Husband guilty of wife’s manslaughter maintained right of survivorship of property held as joint tenancy.

By Mark Tottenham BL in Laffoy J No Comments Tags: , , ,

Cawley v. Lillis [2011] IEHC 515
(High Court, Laffoy J, 6 December 2011)

High Court determines that joint tenancy accrued to husband guilty of wife’s manslaughter but that half of property was held as constructive trust for wife’s estate. (Full text.)

Property law – trust – probate – joint tenancy – will executed in 1993 naming husband as executor – conviction of defendant of husband of testatrix – s 120, Succession Act 1965 – preclusion of husband from taking any share in More

Will declared void for uncertainty.

By Mark Tottenham BL in Gilligan J No Comments Tags:

In Re Estate of O’Donohue; O’Donohue v. O’Donohue [2011] IEHC 511
(High Court, Gilligan J, 1 December 2011)

High Court holds that will was invalid due to uncertainty of its provision, and because it was witnessed by proposed beneficiaries, and declares that purported testator died intestate. (Full text.)

Probate – interpretation of will – will prepared without legal advice – lack of revocation clause – whether previous will revoked by implication – intention of testator – ambiguities in will – use of term “family” – approach of court in More

Plaintiff awarded damages for medical negligence, including lost inheritance.

By Mark Tottenham BL in O Néill J No Comments Tags: , , ,

Davoren v. HSE [2011] IEHC 460
(High Court, Ó Néill J, 21 December 2011)

High Court awards damages of €1,591,957.70 for fatal injuries arising from medical negligence, including €1,546,982 in lost inheritance where mother of deceased changed will after his death. (Full text.)

Medical negligence – assessment of damages – death intestate – actuarial practice – acceleration of benefit – whether deduction to be made on basis of income deriving from land rather than the capitalised value of the early receipt of the land More

In Re Estate of Noel O’Brien – HC – Probate, caveat, will made in contemplation of marriage

By Mark Tottenham BL in O Néill J No Comments Tags:

In Re Estate of Noel O’Brien [2011] IEHC 327 (29 July 2011)

High Court (O’Neill J) refuses application to remove caveat, and holds that will made prior to marriage of deceased was made in contemplation of said marriage. (Full text.)

Probate – application to remove caveat – application for grant of administration intestate – will executed by deceased in October 2008 – marriage in July 2009 subsequent to execution of will – whether will made in contemplation of marriage – Section 85(1) of the Succession Act 1965 – extrinsic evidence.

“It is sufficient, in my view, if the evidence establishes that when the will was made, the testator actually had or must have had in contemplation a marriage to a particular person.”

M. I. B. I -v- Stanbridge; Discharge of costs of action from estate of deceased.

By Mark Tottenham BL in Laffoy J No Comments Tags:

M. I. B. I -v- Stanbridge [2011] IEHC 94 (Laffoy J, 1 February 2011)

High Court dismisses application for liberty to discharge costs from estate, on the grounds that it had no jurisdiction. (Full text.)

Application for direction that personal representative be at liberty to discharge legal costs of action – whether court had jurisdiction to make requested order – s. 45(1) of the Succession Act 1965.

M. I. B. I -v- Stanbridge [2008] 389 IEHC

K v. D, Failure of testator to make proper provision for child

By Mark Tottenham BL in Birmingham J No Comments Tags:

K & Ors -v- D & Anor [2011] IEHC 22 (Birmingham J, 21 January 2011)

High Court directs that 50% of net assets of estate be distributed to daughter, on the grounds that her father failed to make proper provision for her in his will.

Section 117 Succession Act – moral duty to make proper provision for child – severe medical condition – provision made by testator for daughter insufficient.

X.C. v. R.T. (Succession; Proper Provision) [2003] 2 I.R. 250
F.M. v. TAM [1970] 106 ILTR 82
M.P.D. v M.D. [1981] ILRM 179
A.C. (A minor) v. J.F., F.G. & P McE. [2007] I.E.H.C 399

Scally -v- Rhatigan, proof of will in solemn form of law

By Mark Tottenham BL in Laffoy J No Comments Tags:

Scally -v- Rhatigan [2010] IEHC 475 (Laffoy J, 21 December 2010)

High Court finds will validly executed, that deceased knew and approved of its contents and that he was of sound disposing mind.

Probate – proof of will in solemn form of law – whether will executed in accordance with statutory formalities – whether deceased knew and approved contents of will – whether deceased of sound disposing mind – motor neurone disease – “Golden Rule” of arranging for medical practitioner to certify whether testator of sound mind.

O’Donnell v. O’Donnell, (High Court, Kelly J, unreported, 24th March, 1999)
Flannery v. Flannery [2009] IEHC 317)
Banks v. Goodfellow [1870] LR 5 QB 549
In re Glynn, deceased [1990] 2 I.R. 326
In re Key, decd. [2010] 1 WLR 2020

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